Kernrechtsfrage
Whether an agreement on provisional measures during divorce proceedings is subject to the two-month ratification period under Art. 111(2) ZGB.
Extrahierter Entscheid
No. Only agreements on divorce consequences require ratification after the reflection period; agreements on provisional measures for the duration of the proceedings do not.
Extrahierte Begründung
The statutory ratification requirement of Art. 111 ZGB applies only to matters that are divorce consequences. Provisional measures under Art. 137 ZGB regulate the situation only for the duration of the proceedings and are later superseded by the divorce judgment. The parties’ agreement to lift the account freeze upon payment of maintenance therefore concerned a provisional measure, not a divorce consequence, and was binding without ratification.