Facts
By the divorce judgment of March 5, 2013, B.A. was obliged to pay post-marital maintenance to his former wife A.A. On October 6, 2015, B.A. applied to the Family Court of Baden to order A.A. to "provide comprehensive information about her income (including pensions) from January 1, 2014 to the present." The Presidency of the Court of Baden ordered A.A. to "provide evidence of her income (including pensions) since April 1, 2014."
A.A. appealed to the High Court of the Canton of Aargau, which dismissed the appeal in the dispute over the duty to provide information. A.A. then filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the substantive legal right to information of the spouses enshrined in Art. 170 of the Swiss Civil Code (ZGB) does not have such an effect beyond the dissolution of the marriage that it could also be invoked as a legal basis for a request for information in connection with a modification procedure under Art. 129 ZGB. The distinction between the initial determination and the modification of post-marital maintenance shows that in a modification under Art. 129 ZGB, the focus is not on post-marital solidarity, but on a change in circumstances that has arisen only after the dissolution of the marriage.
Furthermo…