Facts
The dispute opposes the wife and the husband, who married on 3 June 1983 and have two children together. The Civil Court of the Eastern Vaud District pronounced their divorce on 22 August 2006, as well as various ancillary measures. The Appeal Chamber of the Vaud Cantonal Court partially annulled this judgment and referred the case for new investigation and judgment. The wife filed a civil law appeal with the FSCA, requesting, in particular, the maintenance of certain ancillary measures and the condemnation of her husband to pay her a capital contribution.
In parallel, the husband requested the modification of the provisional measures ordered on 13 February 2004, due to his remarriage and the fact that his daughter now works 80%.
Considerations
The FSCA examined the admissibility of the appeal and considered that the decision under attack was not final within the meaning of art. 90 FSCA, as it did not put an end to the divorce proceedings. The decision regarding ancillary effects cannot rule on an object whose fate is independent within the meaning of art. 91 let. a FSCA.
The FSCA also considered that the conditions of art. 93 al. 1 FSCA were not met, as the decision under attack could not cause irreparable harm and that the admission of the appeal did not allow avoiding a long and costly probatory procedure.
Furthermore,…