Facts
The appellant [X.] (born 1980) and his wife [Y.] (born 1962) separated in July 2007. On 1 July 2010, the wife filed for divorce at the Cantonal Court of Schaffhausen. Together with his response to the claim, [X.] submitted a request for legal aid and representation for the divorce proceedings before the Cantonal Court on 15 November 2010. The Cantonal Court dismissed the request on 20 January 2011 due to lack of need.
On 31 January 2011, [X.] appealed against this decision to the High Court of the Canton of Schaffhausen. On 13 May 2011, the High Court also dismissed the appeal against the Cantonal Court's rejection of the request for legal aid and representation. It also dismissed the request for legal aid and representation for the appeal proceedings due to the hopelessness of the appeal and imposed costs of CHF 500.- on [X.] .
Considerations
The FSCA upheld the decisions of the lower instances. It stated that the denial of the appellant's need by the cantonal instances was not objectionable. Consequently, there was also a lack of a prerequisite for free legal representation, so that no further consideration was necessary.
Furthermore, the imposition of court costs for the appeal proceedings against the decision on legal aid was permissible. Art. 119 para. 6 CPC, which provides for…