Art. 288 CPC from 2024
Art. 288 Continuation of the proceedings and decision
1 If the conditions for a divorce at joint request are fulfilled, the court shall decree the divorce and approve the agreement.
2 If the effects of the divorce remain disputed, the proceedings shall be continued with regard to these effects with the parties as adversaries. (1) The simplified procedure applies. (2) The court may assign the roles of plaintiff and defendant. (3)
3 If the requirements for divorce at joint request are not met, the court shall reject the joint request for divorce and at the same time set a deadline to each spouse for the filing of a divorce action. (1) The proceedings remain pending during this period and any interim measures continue to apply.
(1) (4)(2) Second sentence inserted by No I of the FA of 17 March 2023 (Improvement of Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
(3) Originally the second sentence.
(4) Amended by No II of the FA of 25 Sept. 2009 (Period for reflection in Divorce Proceedings on Joint Application), in force since 1 Jan. 2011 (AS 2010 281 1861; BBl 2008 1959 1975).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
