Questão jurídica principal
Whether the Federal Court had jurisdiction to review an independent claim concerning the economic consequences of divorce when it had already reached the same conclusion as the cantonal court on the divorce fault issue.
Decisão extraída
The Federal Court was not competent to decide the claim, because the dispute concerned only the economic consequences of divorce and the Court had not diverged from the cantonal court on the underlying fault question.
Fundamentação extraída
Under Art. 49 of the Civil Status and Marriage Act, the economic consequences of divorce are governed by cantonal law. Federal review extends to these consequences only if the Federal Court reaches a different result from the highest cantonal court on the divorce itself or on fault; here, the earlier federal judgment had agreed with the Obergericht on that point.