Dismissal of the appeal against the imposition of a security for costs in the divorce proceedings

Facts

[X.] (wife) and [Y.] (husband) have been living separately since 1 November 2000. On 21 December 2004, they filed a joint petition for divorce with the District Court XI Interlaken-Oberhasli and requested the regulation of the ancillary consequences. By decision of 22 June 2005, the President of the Court ordered [X.] to pay a security for costs for the ongoing divorce proceedings to [Y.] in the amount of CHF 5,500.--. The appeal filed by [X.] against this was dismissed by the Cantonal Court of the Canton of Bern on 15 August 2005.

[X.] then filed a constitutional appeal with the Federal Supreme Court, requesting that the decisions of the lower courts be set aside.

Considerations

The Federal Supreme Court dismissed the constitutional appeal. It stated that the obligation to pay a security for costs in divorce proceedings is to be understood as a consequence of the marital duties, in particular the duty of maintenance and support. The actual need of the applicant must be taken as a basis, regardless of whether a maintenance obligation already exists at the time the security is set. The Federal Supreme Court left open whether the…