Divorce FAQ - What You need to Know Considering a Divorce?

WHEN CAN I FILE A DIVORCE PETITION?

An individual can file for a divorce petition in court after two years of marriage. The law does not allow for any individual to file a divorce petition within two years of marriage, UNLESS there is an exceptional circumstance or “hardship” in the marriage OR when one of the spouses has converted to Muslim.

CAN A COUPLE FILE A DIVORCE PETITION TOGETHER?

Yes, this is when the couple agree upon the terms prior to the filing of the divorce petition. This is usually encouraged upon to save costs and to ensure a smooth court process.

I HAVE CHILDREN AND I WISH TO DIVORCE MY SPOUSE. CAN I ASK MY HUSBAND TO PAY FOR ME TO TAKE CARE OF MY CHILDREN?

Yes. The mother of the children is entitled to demand that the father of the children to bear all the cost of raising of the children. This is usually known as children maintenance. They may claim for the father of the children to pay for the children’s education, healthcare, insurance and other expenses incidental to or arising from the children’s needs. They may also claim an additional sum on a monthly basis for the purposes of taking care of the children.

CAN I STOP MY SPOUSE FROM SEEING MY CHILDREN? BECAUSE I DO NOT WISH FOR THEM TO HAVE ANY CONTACT WITH MY SPOUSE.

The law strictly emphasizes on the need for children to have the love and attention of both parents and the children’s welfare and wellbeing are of the paramount importance that will be considered by the court.

Any individual may file for a court order to gain sole custody, care and control of the children but the court will only grant such an order if the facts and evidence provided by the applicant support the applicant’s case to obtain sole custody, care and control of the children. Even in such circumstances, the court will grant a supervised access (where suitable) to the other spouse against whom the application is made to see the children. Otherwise, in most instances, the court will grant joint custody of the children to both parents while vesting care and control on just one of the parents. Again, this would fall back to the facts of the case and the supporting evidence.

I WANT TO DIVORCE MY SPOUSE BECAUSE MY SPOUSE HAD CHEATED ON ME/ IS HAVING AN AFFAIR.

Cheating or extra-marital affairs are commonly referred to as adultery in law. This is one of the common grounds cited by a party who wish to commence a divorce proceeding against their spouse. However, when this ground is cited, the party who is relying upon this ground must have strong evidence to support their claim against the guilty spouse.

CAN I SUE THE PERSON WITH WHOM MY SPOUSE HAD AN AFFAIR WITH?

Yes. An individual who cites adultery as a ground in their divorce petition may name the adulterer or adulteress i.e. the person with whom their spouse had an affair with as a co-respondent in their divorce petition.  They can claim damages i.e. a sum of money to be paid by the adulterer or adulteress for causing the breakdown of the marriage. The court will look into the facts and evidence provided and will decide accordingly what is the appropriate amount that the adulterer or adulteress should pay to the petitioner i.e. the person who filed the divorce petition.

CAN I CLAIM FOR THE ASSETS UNDER MY SPOUSE’S NAME?

The law provides that any assets, be it movable assets such as vehicles, shares, bank accounts, company profits, etc and immovable assets such as property which is acquired by either of the spouse after the marriage is a matrimonial asset. Both the spouses are entitled to their equal share in the matrimonial assets i.e. 50%- 50%.

I HAVE NOT BEEN WORKING EVER SINCE BEING MARRIED TO MY HUSBAND AND HE PAYS FOR MY EXPENSES. NOW I WISH TO DIVORCE HIM. CAN I ASK FOR HIM TO CONTINUE TO PAY FOR MY EXPENSES?

Yes. Where the wife was solely dependent on the husband to cater for her expenses, upon filing the divorce petition, she may demand that the husband to continue to pay for her expenses. This also a relief that working wife is also entitled for but in such a case, the current trend of the court is that in most cases, the court will not or may grant a very nominal sum of money to be paid to the working wife as wife maintenance, by taking into account that the wife is an independent woman who is able to support herself. Regardless, the court’s approach on these claims is on a case-to-case basis, unique to each on its own.