Kernrechtsfrage
Whether the refusal of legal aid violated the right to be heard and was arbitrary because the appellate court relied on the wife's alleged assets without allowing her to comment.
Extrahierter Entscheid
Yes. The appellate court had to give the wife an opportunity to address the asset evidence; its reliance on the savings/investment record without hearing her breached Art. 29(2) BV and the refusal was also based on an incorrect factual assumption.
Extrahierte Begründung
The wife could not anticipate that the court would treat a securities schedule, largely reflecting children's assets, as her own wealth. The discrepancy with the municipal report meant she should have been heard before the decision.