Kernrechtsfrage
Whether statements on maintenance made during instruction proceedings bind the court if no divorce settlement was concluded there and no concrete requests were made at the main hearing.
Extrahierter Entscheid
As a rule, statements made during instruction hearings are not binding. But if no concrete requests are made at the main hearing and the earlier statements are not withdrawn, the court must rely on those earlier statements for lack of any other request.
Extrahierte Begründung
The court refined its earlier case law: non-binding effect of instruction-stage statements presupposes that concrete requests are made at the latest at the main hearing. If that does not happen, and the prior declarations stand unretracted, the court may treat them as the operative requests.