Facts
In the context of proceedings to modify a divorce judgment, both the plaintiff A. and the divorced X., who lives in Hong Kong, requested the granting of free legal assistance. The President of the Civil Court dismissed both requests. X.'s appeal against this decision was rejected by the Cantonal Court of Fribourg.
X. then filed a civil law appeal with the Federal Supreme Court, requesting the granting of free legal assistance.
Considerations
The Federal Supreme Court dismissed the appeal, to the extent that it was admissible. It held that the vested pension benefits, to which X. is entitled but has not drawn, should be taken into account as assets in the assessment of her need for free legal assistance.
The Federal Supreme Court based this on its case law in the field of social insurance law, according to which vested pension benefits that are due but have not…