"All marriages are happy. It's living together afterwards that is difficult."
When a marriage is declared over by the Court, as in the case of Divorce, Judicial Separation or Nullity, the court will also have to divide the matrimonial property between the parties. Q: What is matrimonial property?
Matrimonial property means property acquired by:
- Both parties or either one of them during the marriage; or
- One party before the marriage, and the other party has made substantial improvements to the property.
However, it does not include gifts or property, which have been inherited before marriage if the other party has done nothing to enhance it.
Q: How does the Court divide the matrimonial property?
Where such property is acquired by the joint efforts of both parties, the Court inclines towards awarding equal share to both parties.
Where such property is acquired by the sole effort of one party only, the Court will award a larger share to the party who acquired the property
In all cases however, the court will do whatever is "just and equitable" or fair and reasonable after considering the circumstances as a whole.
In deciding what is fair: the Court shall consider:
- The individual contribution made by each party whether it is in the form of money or in the form of work done on the property;
- The individual debt incurred by either party for the benefit of both parties; and
- The needs of the family
In making the award, the Court shall consider:
- The contribution made by the other party to the welfare of the family e.g. housekeeping, looking after the children, cooking and generally caring for the family; and
- The needs of the minor children.
Q: My husband claimed that our Matrimonial Property has been sold? What can I do?
In situations where:
- your husband disposes of properties with the intention of reducing his means to pay maintenance; or
- The disposal of properties by any party is made with the intention of depriving the other party of the right to the properties;
You may apply to Court for an injunction to prevent the disposition from taking place or to set aside the disposition, provided the disposition was made within the last 3 years. The disposition will be treated as if it had never been made.Such applications to the Court can be made when:
- Any matrimonial proceeding is pending;
- An order is made for the division of assets jointly acquired during the marriage;
- An order for the maintenance of a wife/former wife has been granted;
- An order for the maintenance of a child has been granted; and
- Maintenance is payable under any agreement to any wife/former wife or child.
Oct 14, 2008 - 02:51 AM
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