Facts
The appellant ([A.] ) and the respondent ([B.] ) were married in 1997 and have been living separately since 2010. The divorce proceedings concerned the amount of post-marital maintenance as well as the validity and consequences of an agreement dated 12 February 2009 and an arbitration award based on it dated 5 March 2010.
The Cantonal Court ordered the appellant to pay the respondent monthly maintenance contributions, a property settlement payment of CHF 138,696.30, and the amount of CHF 300,000.-- plus 5% interest since 5 March 2010 based on the agreement of 12 February 2009.
The appellant filed an appeal against this decision with the Federal Supreme Court. The Federal Supreme Court partially upheld the appeal and remanded the case to the Cantonal Court for re-evaluation.
Considerations
The Federal Supreme Court held that the Cantonal Court had wrongly qualified the agreement of 12 February 2009 as a marital agreement under Art. 216 ZGB. It was rather a partial separation of property, which is inadmissible under Swiss law.
Regarding the arbitration award of 5 March 2010, the Federal Supreme Court concluded that it could generally be recognized and…