How is a Divorce obtained?
- A Divorce is obtained by filing a formal application in Court.
- If your marriage involved non-Muslim parties or you and your spouse were married under Civil Law, Divorce proceedings will be conducted in the Family Justice Courts.
- If your marriage involved Muslim parties or you and your spouse were married under Muslim Law or Syariah Law, Divorce proceedings will be conducted in the Syariah Court.
- You may apply for a Divorce at in Court on your own and without engaging a lawyer.
- You will need to understand and fulfill the formal requirements of conducting the case on your own (e.g. file / submit documents to Court the correct format, pay filing / administrative fees, speaking and providing information in Court)
- As the Court will not provide you with any advice on what you should do, you would need to consult a qualified lawyer if you wish to obtain legal advice on the strengths and weaknesses of your case. The lawyer can also help by preparing the necessary documents on and appearing in Court on your behalf.
- You will need to formally submit documents and information to the Court to address the following issues:
- You need to show that a Divorce should be granted by proving the irretrievable breakdown of the marriage through adultery, unreasonable behaviour, desertion or separation.
- You need to state how you intend to deal with all other key issues resulting from the Divorce (also known as Ancillary Matters) such as:
- Maintenance of the wife and children (e.g. financial support).
- Custody, care and control of as well as access (e.g. visitation rights) to the children.
- Division of the matrimonial assets (e.g. matrimonial home).
