Updated 2021 Divorce

Updated 2021 Divorce

The process of ending a marriage or marital partnership is known as divorce. Divorce typically means the cancellation or reorganization of the legal duties and responsibilities of marriage, thus severing the bonds of matrimony between a married couple under the law of the nation or state in question.

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Generally, there are two types of divorce for non-Muslims, which are Joint Petition Divorce and Single Petition Divorce.

Joint Petition Divorce (s.52 Law Reform (Marriage & Divorce) Act 1950)

Joint Petition means both husband and wife (have been married for at least 2 years) mutually agree to divorce together with the terms of the divorce such as the custody of the children, maintenance of the wife and child, distributions of the matrimonial properties etc. All terms agreed upon by both parties would then be in the Joint Petition which would be signed by both parties and filed to the High Court. (Read more)

Single Petition Divorce (s.50 Law Reform (Marriage & Divorce) Act 1950)
Another type of divorce is the Single Petition divorce, or you may call it the contested divorce. Single Petition means when the term of the divorce is not agreed upon by both parties (contested) unlike Joint Petition where both parties agreed to all the terms of divorce. However, for Single Petition, either party may file without the consent of parties. The requirements to file for a Single Petition can be found in s.50 of the act in order words, one can only file for Single Petition after 2 years of marriage and according to s.53 of the act. (Read more)

**Related information: Child Custody

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