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Introduction: Unhappiness with your marriage
Dividing of mutual assets
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| [ Publication date Jan 01, 2001 ] |
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Q: How much of a husband's property and salary will a wife get upon divorce? Is this different if she has custody of the child? A: How much a wife and/or her child will get for her upkeep is hard to predict and depends on details like: - how much would the wife and/or child need for clothing, food, housing, transport and/or education;
- how much money does the wife or child has and how much either or all of them earns, if at all;
- does any of them suffer from any physical or mental illness;
- the age of the husband and wife and how long they had been married;
- how much each party had contributed to the welfare of the family - "contribute" can mean "looking after the home or caring for the family"
- the kind of clothing, food, housing, transport and/or education which the wife and/or child usually had before the husband or parent refused to continue or stopped providing for such needs;
- how a child is being educated or trained; and
- did the husband and/or the wife behave in such a way that the court thinks it is fair to consider such behaviour when deciding how much should be paid or given (An example of this happens if the man receives a pension for his family and he behaved intolerably, causing the wife to get a divorce and leave him. In such a situation, she will not be present when the monthly pension payment reaches the husband so a court may order the husband to set aside part of the pension for his ex-wife).
When it comes to dividing the property, a court considers the following matters:- how much did the husband and the wife individually pay in terms of money for the property or by doing manual labourin making improvements to such property (such as doing renovations etc.);
- did any of them borrow money to take care of the needs of the family and the children;
- what are the children's needs : clothing, food, housing, transport and/or education etc.;
- how much did the husband and wife individually contribute towards the welfare of the family - which includes "looking after the home or caring for the family" or taking care of any aged or sick relative;
- was there any agreement between the husband and wife concerning how to divide the property ifthey were to divorce;
- whether either the husband/wife occupied the family home by himself/herself or kept any benefit (like rent) for himself/herself alone;
- whether one spouse had helped the other to carry on his or her occupation/business; and
- all that is mentioned in (a) to (h).
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