Facts
X. (wife) and Y. (husband) have been living separately since October 1, 2001. In the context of matrimonial protection proceedings, the Vice-Presidency of the District Court of Weinfelden/TG ordered the separation of property by decree dated September 16/17, 2002 and obliged [Y.] to pay maintenance contributions to X.
Since December 20, 2002, proceedings for the division of marital property have been pending at the District Court of Plessur/GR (Y.'s place of residence) on the claim of Y.
On May 18, 2004, X. filed for divorce with the District Court Commission of Weinfelden (X.'s place of residence). Thereupon, [Y.] demanded that the petition be transferred to the District Court of Plessur.
The District Court Commission of Weinfelden transferred the divorce petition by decision dated March 4/23, 2005 to the District Court of Plessur. Against this transfer decision, X. appealed to the High Court of the Canton of Thurgau, which dismissed the appeal by decision dated May 30, 2005.
Considerations
The Federal Supreme Court examined whether the transfer decision can be challenged as an interim decision on local jurisdiction under Art. 49 para. 1 OG. It concluded that the transfer of the petition under Art. 36 para. 2 GestG has a direct impact on local jurisdiction insofar as the transferring court declares itself incompetent, thereby preventing the parties from filing the petition at a statutory place of jurisdiction. The transfer decision is therefore to be regarded as an interim decision on local jurisdiction, which can be challenged by appeal under Art. 49 para. 1 OG.
On the merits, the Federal Supreme Court examined whether there is a substantive connection between the claim for the division of marital property and the divorce petition. It affirmed this, as the outcome of the division…