Facts
The parties [X.] and [Y.] married in September 1970 and have been living separately since 2001. In addition to the debt enforcement proceedings, divorce proceedings are also pending. By judgment of December 13, 2010, the Court of the District of Zurzach divorced the parties and regulated the consequences of the divorce. [Y.] appealed to the High Court of the Canton of Aargau against items 3.1 (property settlement payment) and 6 (pension fund equalization) of the court's divorce judgment.
[Y.] filed a request for definitive debt enforcement for CHF 99,023.85 plus 5% interest since September 10, 2010, on April 21, 2011. The debt enforcement request is based on several final decisions of the Court of the District of Zurzach and the High Court of the Canton of Aargau, which concern spouse maintenance contributions and awarded party compensation.
The High Court of the Canton of Aargau granted [Y.] definitive debt enforcement for the amount of CHF 99,023.85 plus 5% interest on CHF 24,012.85 since September 10, 2010. [X.] requests the annulment of the high court's judgment and the dismissal of [Y.] 's appeal.
Considerations
The Federal Court has rejected the request for a stay of proceedings, as no overriding reasons for a stay of the proceedings are apparent.
The appeal is directed against the final judgment of a higher court and is generally admissible. However, the appellant has introduced new facts and evidence that were submitted after the deadline for appeals and are therefore inadmissible.
The High Court granted debt enforcement because the property settlement…