Facts
The Federal Supreme Court (FSC) was seized of a civil appeal concerning the divorce of X. and Y. After the filing of the appeal, X. requested the FSC to ratify the divorce settlement concluded between the parties. Y. also adhered to this request. The FSC examined its previous practice regarding the ratification of divorce settlements and concluded that it should be maintained under the new Federal Supreme Court Act (FSCA). Thus, divorce settlements can in principle continue to be submitted to the FSC for ratification, accompanied by a request to close the proceedings by way of a settlement. Regarding the financial aspects of the divorce, the FSC specified that the divorce settlement does not constitute a settlement within the meaning of the law, but requires judicial ratification. This ratification has the effect of depriving the settlement of its contractual nature and making it an integral part of the judgment. The FSC then examines the settlement in terms of its legality and fairness, the latter verification being however limited when it comes solely to the financial consequences of the divorce between spouses.Considerations
In the present case, the divorce settlement provided in particular for the transfer of half…