Facts
The case concerns an anticipated agreement on the consequences of divorce that the parties had concluded in a marriage contract in 2008. In 2010, the spouses filed a joint petition for divorce, with the court approving the parties' agreement on the ancillary consequences of the divorce. Later, the husband filed for divorce, whereupon the court granted the divorce and dismissed the wife's claim for post-marital maintenance. The wife appealed, requesting post-marital maintenance of CHF 20,000 per month.
Considerations
The Federal Supreme Court upholds the wife's appeal and remands the case to the lower court for reconsideration in accordance with the considerations. The Federal Supreme Court states that anticipated agreements on the consequences of divorce are generally permissible, provided the parties have legal capacity. For the court's approval of the agreement, the relevant time is the moment of approval, not the time of the conclusion of the contract. The court must take into account any changes in circumstances since the conclusion of the agreement.
According to Art. 282 para. 1 lit. a CPC, agreements on maintenance contributions must include information on the income and assets of the parties at the time of approval. This information serves not only to secure evidence, but also enables the court to review the appropriateness of the agreed contributions. The court has a duty to inquire if this information is missing and cannot simply reject the agreement due to incompleteness.
In the present case, the Court of Appeal…