Consequences under the Matrimonial Property Regime of the Pension Payments made by the Husband to his Parents

Facts

On 20 December 2005, the marriage of X. (husband) and Z. (wife) was dissolved. The division of the matrimonial property was referred to a separate proceeding. In a judgment dated 20 December 2006, the District Court ordered X. to pay CHF 132,565.10 to Z. On appeal by both parties, the Cantonal Court of Zurich reduced this amount to CHF 126,011.35 on 20 September 2007.

X. (the appellant) filed a nullity appeal against the Cantonal Court's judgment, which was not considered by the Cantonal Court of Zurich's Court of Cassation in a circular decision dated 2 October 2008. X. then filed a civil law appeal with the Federal Supreme Court on 10 November 2008.

Considerations

The Federal Supreme Court had to examine when the time limit for the appeal to the Federal Supreme Court began to run. It concluded that the appeal was filed in a timely manner, as the Court of Cassation had not entered into the merits of X.'s nullity appeal, as he had raised only issues that were subject to the Federal Supreme Court's free review.

The only disputed issue before the Federal Supreme Court was the consequences under the matrimonial property regime of the appellant's pension payments to his parents. The Federal Supreme Court held that according to Art. 209(2) of the Swiss Civil Code, a debt burdens the asset…