Facts
The husband (appellant) and the wife (respondent) married in 1992 and have two children together. In October 2002, the husband left the family home and entered into a new relationship. Since February 2005, divorce proceedings have been ongoing, during which the court-ordered determination of the husband's maintenance payments to the wife became necessary.
The High Court of the Canton of Zurich obliged the husband to pay the wife monthly maintenance contributions of CHF 4,740 to CHF 4,580 during the divorce proceedings. Additionally, he had to pay her a monthly advance on legal costs of CHF 500 for 20 months. The husband then filed a constitutional appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the husband's constitutional appeal. It came to the following conclusions:
- In the first instance proceedings, the High Court had indeed denied the husband the right to be heard on the wife's financial circumstances. However, this procedural defect was remedied in the appeal proceedings before the High Court, as the husband had the opportunity to comment on this twice.
- The High…