Facts
The parties [X.] and [Z.] married in 1998 and chose the marital property regime of separation of property. After the separation in 2006, the spousal maintenance was re-determined several times. [X.] requested the dismissal of [Z.] 's application for interim measures for the period from August 20, 2008 to August 19, 2009 and the reduction of maintenance contributions. During the federal court proceedings, the divorce judgment became final, which settled the parties' accounts with regard to all marital and property rights.
The respondent requested the dismissal of the proceedings as moot. The appellant opposed this request and adhered to his applications.
Considerations
The Federal Court examines ex officio and with free cognition whether an appeal is admissible. The appeal is directed against a final decision of the last cantonal instance regarding the ordering of interim measures during the divorce proceedings pursuant to Art. 137 para. 2 CC.
The respondent submitted the divorce judgment to the Federal Court, which settled the parties' accounts with regard to all marital and property rights. This judgment presents a fact that occurred after the contested decision and affects the appellant's right to appeal.
The Federal Court finds that the maintenance benefits awarded pursuant to Art. 137 para. 2 CC represent debts at the time of dissolution of the marital property regime,…