PETALING JAYA, Dec 24 — The amendments made to the Law Reform (Marriage and Divorce) (Amendment) Act, which came into effect on December 15, mean any divorce of a marriage solemnised in a civil registry must be resolved in the civil court even if one of the spouses has converted to Islam.
The Star reported that the latest amendments clearly outline that civil marriages must be settled in the civil court.
Family law practitioner Goh Siu Lin told the paper that the amendments to the law ensure that the civil court will have sole jurisdiction if a marriage was solemnised under civil law.
“Matters ancillary to the divorce must also be resolved there,” she said.
Goh explained that other reforms in the law include more clarity under Section 51A, which relates to the distribution of the assets of a spouse after he or she has converted before the non-Muslim marriage of said person is dissolved.
Section 51 (A1) states that when a person who has converted to Islam dies before the non-Muslim marriage has been dissolved that person’s matrimonial assets shall be distributed by the court among interested parties in accordance with the provisions under the section upon application by any interested party.
“Interested party or parties are defined as the surviving spouse and children of the marriage if any, and the parents of the deceased converted spouse,” she reportedly said.
Goh also said extending the legal obligation to maintain a child beyond 18 years old until the completion of their higher education was a much-needed reform.
Reforms to the law also acknowledged the non-financial contribution of a spouse in looking after the home or caring for the family and will be a factor in determining a fair division of matrimonial assets under Section 76 of the Act, which details the court’s power to order a division of matrimonial assets.
Senior family law practitioner Honey Tan told The Star that children and wives are the biggest beneficiaries of the reforms.
She added that wives, who were awarded custody of their children after their divorces, faced financial difficulties in providing education for their children after they had turned 18.
“It ensures parents, especially fathers, will have to maintain their children until they complete their further or higher education or training.
“As the amendments are retrospective, it is important for parties of ongoing divorces to know that these amendments apply to their cases.
“It’s a wonderful way to close 2018. Children of divorced families will have their education matters taken care of and wives’ non-monetary contribution in looking after the family and home is no longer of a lesser value,” she said.
