Matrimonial Assets, Custody and Maintenance

The three main areas of dispute between parties in a petition divorce are division of matrimonial properties, maintenance to spouse and children, and care and custody of children. This article will walk you through each of them.

Q: What are matrimonial assets?

A: matrimonial assets refer to assets acquired by parties through their joint effort during their marriage, such as houses, cars and others.

Q: I bought a house on my own before married to my wife. Can that house be considered as a matrimonial asset?

A: It can be treated as a matrimonial asset if the house or property have been substantially improved during the marriage by your wife or by both of you jointly.

Q: Is it true that upon divorce, the matrimonial assets would be divided in equal share among the parties?

A: Not necessarily. The Court shall consider a few factors such as exent of contribution made by each party, any debts owing by either party which were contracted for their joint benefits, needs of children and others.

Q: I bought a property on my own during the marriage. Can the Court order that the property be divided with my spouse?

A: The Court may do so by considering some factors such as the contribution of other party, the needs of children and others. However, you shall be entitled to a greater share in such property.

Q: How would the Court decide the amount of maintenance to be given to/by my spouse?

A: The Court would assess primarily base on the means and needs of the parties, and the degree of probabilities of each party for the breakdown of the marriage.

Q: My spouse’s income is way more than me. Can the Court order that I give maintenance to her after the divorce?

A: Yes, the Court can do so if it is reasonable and necessary.

Q: I am married to another person after this divorce. Do I still have to pay maintenance to my ex-spouse?

A: Yes you do. However, the right of your ex-spouse to maintenance stops when he/she re-married.

Q: How would the Court decide on the custody of the child?

A: If the child is below 7 years old, the Court would be more inclined to put the child under the custody of the mother. However, the father can prove to the Court otherwise.

Q: If the child said he/she wants to be with me after the divorce, can the Court orders otherwise?

A: The Court’s ultimate concern is the welfare of the child, and may not consider the child’s own opinion, unless the child is of an age to express an independent opinion.

Q: I have two children. Would the Court order that both of them stay with me?

A: The welfare of the children shall be assessed independently of each other. The Court may order that one of them with you and another with your spouse if it is in their best interest.

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Disclaimer

Articles published in this website are for general informational purpose only and shall not constitute any form of legal advice to any specific case. Kindly contact us if you are currently experiencing a legal dilemma related to this topic and need further legal consultation.