Facts
X., born in 1953, and Z., born in 1956, married on October 9, 1981 and have been living separately since August 31, 1995. The divorce proceedings were initiated on March 14, 2001. The Civil Court of A. dissolved the marriage of the parties on March 24, 2006 and approved their partial agreement on child-related matters.
In the matrimonial property settlement, the Cantonal Court of Fribourg ordered the equal division of the termination benefits from the occupational pension. It increased the amount that Z. has to pay to X. from the matrimonial property and after offsetting the debts to CHF 32,893.60. Furthermore, it instructed the competent Land Registry Office to transfer half of Z.'s total co-ownership share in the property C. to X.
Considerations
The Federal Supreme Court notes that under Art. 122 para. 1 of the Swiss Civil Code, each spouse is entitled to half of the termination benefits of the other spouse. The lower court ordered the equal division, as it did not consider this regulation to be economically unreasonable and saw the pension situation of the parties as balanced.
The appellant X. claimed that the respondent Z. had acted in an abusive manner by insisting on the division of the pension assets despite a declaration of waiver. The Federal Supreme Court denies this, as additional…