Facts
The parties married in 1967 and have two children. After 25 years of marriage, they separated in 1992. The plaintiff made the divorce proceedings pending in 1993, and the defendant filed a counterclaim for divorce as well. The District Court divorced the couple and obliged the defendant to pay maintenance contributions. The High Court confirmed the divorce and determined the pension compensation and the plaintiff's property rights claim.
The plaintiff applied to the Federal Court for an increase in the monthly maintenance contribution and a guarantee of CHF 150,000. She also demanded the transfer of half of the exit benefit of the defendant, to be determined for the duration of the marriage, to her pension fund.
Considerations
The Federal Court decided that the High Court was right not to consider the parties' request to divorce under the new law. The question of fault in the breakdown of the marriage has become meaningless for divorce by lawsuit and counterclaim due to the entry into force of the new law.
The Federal Court also confirmed the High Court's decision regarding pension compensation. The cut-off date for calculating the exit benefit was December 1, 2000, and the plaintiff had not challenged this cut-off date.
The Federal Court further decided that the High Court had neither determined the suitable contribution that…