Facts
The appellant (wife) and the respondent (husband) married in 1970 and have four adult children. The wife managed the household and worked in the family's agricultural business, while the husband was self-employed as a farmer and owner of a trust and consulting firm. The spouses have been living separately since 2001 and concluded a marriage contract, in which they submitted to the property regime of separation of property and agreed to divide their property according to the provisions of their previous property regime of participation in acquired property.
The District Court divorced the couple and regulated the property division, obliging the husband to pay CHF 170,300.-- to the wife. The wife appealed and demanded an increase in the property division payment to CHF 1,573,028.55 and the refusal to divide her pension fund assets. The High Court partially upheld the appeal and obliged the husband to pay the wife a settlement of CHF 280,800.--.
The wife applied to the Federal Court to fix the property division payment at CHF 1,143,022.-- and to refuse the division of her pension fund assets. She argued that the husband had a high net worth and that she would remain employed after the divorce.
Considerations
The Federal Court examined the property division and pension fund equalization. It found that the spouses had dissolved their property regime of participation in acquired property and that the valuation of the [G.] property was disputed. The Court decided that the market value of the property was not equal to the increase in value at the forced auction, but that the probable sales value of the property and its accessories should be determined according to the general methods of real estate valuation.
The Court found that the determination of a market value of CHF 1,275,555.90 was not objectionable from the point of…