Facts
[X.] and [Z.] were divorced in Austria. The financial consequences of the divorce are the subject of pending proceedings there. The wife [X.] obtained a restraining order on numerous properties in Austria and has information that the husband [Z.] has various accounts at Bank [Y.] in Switzerland.
Based on this, [X.] applied to the District Court of Zurich for super-provisional measures to prohibit the husband from disposing of these assets in Switzerland and to instruct Bank [Y.] to keep the accounts frozen. The District Court and the High Court of the Canton of Zurich dismissed the application, as the appellant had not sufficiently substantiated the extent of her claims and the endangerment of these claims.
Considerations
The Federal Court confirms the decision of the High Court. It states that for the issuance of precautionary measures in Switzerland, the existence and extent of the claims must be credibly demonstrated and the need for security, i.e. the endangerment of the claims, must be shown. The High Court rightly found that the appellant did not meet these requirements, as she neither quantified the extent of her maintenance and property claims nor sufficiently substantiated…