What are the procedures for a divorce?

What are the procedures for a divorce?

Divorce

There are two types of divorces namely:-

(a) Joint Petition – whereby both parties agree to the divorce; and

(b) Single Petition – whereby only one party petitions for the divorce.

Joint Divorce Petition

Joint Divorce Petition is filed by both parties who mutually consent to the divorce. The considerations that the parties need to deliberate are:-

(a) maintenance to the wife;
(b) maintenance to the Child/Children;
(c) custody of the Child/Children (whether to the wife or husband); and
(d) division of Matrimonial Assets.

Documents needed for the presentation of a Joint Divorce Petition:-

1.   Certificate of Marriage;

2.   Identification card of the parties;

3.   Birth Certificate of the Child/Children; and

4.   Documentation of the matrimonial asset(s).

Single Divorce Petition

Single Divorce Petition is filed by one party of the marriage (“Petitioner”) without the consent of the other party.

The Petitioner who files for a Single Divorce Petition must demonstrate that the marriage has irretrievably broken down by showing one of the following grounds namely:-

1.         the other party has committed adultery;

2.         the other party has behaved in such a way that the Petitioner could not reasonably be expected to live with the other party;

3.         the other party has deserted the Petitioner for a continuous period of at least two years before the presentation of the Single Divorce Petition; and

4.         that both parties have lived apart for a continuous period of at least two years immediately before the presentation of the Single Divorce Petition.

In such a case, the Petitioner needs to refer the marital problem to the Marriage Tribunal at the National Registration Department. The Marriage Tribunal would then try to reconcile the marriage. If the Marriage Tribunal fails to reconcile the parties, a declaration by the Marriage Tribunal will be issued to the parties. This declaration must be submitted together with the application for a Single Divorce Petition.

Court Grants a Divorce Petition

Once the High Court grants a Divorce Petition (either Joint Divorce Petition/Single Divorce Petition), the marriage is brought to an end and either party may marry again (as per Section 62 Law Reform (Marriage & Divorce) Act 1976)