Kernrechtsfrage
Whether the Federal Court has jurisdiction to review and decide the ancillary consequences of a divorce under Art. 49 paras. 1-2 ZEG and Arts. 56-57 OG.
Extrahierter Entscheid
The Federal Court may itself determine the ancillary consequences of the divorce when deciding the divorce decree or when changing the cantonal divorce dispositive, including where it must reassess issues such as fault.
Extrahierte Begründung
The court departs from its recent denial of competence under Art. 56 OG. It reasons that, under Art. 49 para. 2 ZEG, the divorce judge is generally instructed to decide the ancillary consequences together with the divorce itself; therefore the Federal Court may also decide them on appeal as part of reviewing and, if necessary, altering the divorce dispositive.