Questione giuridica chiave
Whether Article 145 ZGB allows an advance of costs for a separate property division proceeding after divorce.
Decisione estratta
Yes. A needy spouse may demand a process-cost advance from the financially able spouse even in a separate property division action.
Motivazione estratta
The spouses' mutual duty of assistance under Article 159(3) ZGB applies to the whole marital dissolution process, and the property division proceeding is a continuation of the divorce proceedings. There is no sound reason to distinguish between property division conducted within the divorce case and property division conducted separately.