Facts
A.A. (appellant), born in 1948, and B.A. (respondent), born in 1968, married in 2009 and became parents of a daughter. The appellant moved out of the shared household on June 1, 2012 and filed for divorce on July 4, 2014. At the conciliation hearing on November 4, 2014, the parties concluded a partial agreement, in which they unanimously stated that they had been living separately for more than two years at the time of filing the claim, and the respondent acknowledged the grounds for divorce (Art. 114 ZGB) based on this. In her statement of defense dated February 9, 2015, the respondent also filed a counterclaim for divorce.
The appellant appealed to the Federal Supreme Court and requested a partial judgment on the divorce issue and, in granting the claim and counterclaim, to divorce the marriage, as he wishes to remarry his first wife with whom he has been living since separating from the respondent. The respondent requests that the appeal be dismissed.
Considerations
Art. 283 para. 1 CPC provides that the court shall also decide on the consequences of the divorce in the judgment on the divorce. Exceptions are made according to para. 2 for the division of marital property and according to para. 3 for the equalization of claims from occupational pensions.
The principle of the unity of the divorce judgment does not preclude a partial judgment on the divorce issue if the spouses consent to a partial judgment on the divorce issue or if the interest of one spouse in a partial judgment on the divorce issue outweighs…