Facts
- [X.] (1968) and [Y.] (1970) were married on 19 December 1996. The marriage remained childless, but the wife has four children from a previous marriage. - The parties have been living separately since 1 October 2005. On 28 November 2011, the husband initiated divorce proceedings. - In the context of the divorce proceedings, the President of the District Court ordered the husband to pay advance costs to the wife in the total amount of CHF 3,500. - The wife additionally requested a further advance payment of costs of CHF 7,000 or, alternatively, the granting of legal aid. - The President of the District Court partially granted the request for legal aid and ordered the husband to pay a final advance payment of costs of CHF 2,500. - The wife appealed against this decision to the High Court of the Canton of Solothurn, which dismissed the appeal. - The wife filed a civil law appeal and a subsidiary constitutional appeal with the FSCA, requesting that the decision be set aside and the matter be remanded to the lower instance for reassessment.Considerations
- The FSCA first examined whether the appeal was admissible. It concluded that the appeal regarding the advance payment of costs should be considered as a subsidiary constitutional appeal, as it concerns a precautionary measure in the divorce proceedings. - With regard to the allegation of a violation of the right to be heard, the FSCA saw no violation, as the lower instance had materially entered into the appeal. - The FSCA only allowed the allegation that the lower instance had…