Let’s, look into peculiarities of a divorce suit: rules, laws, and general information – everything here at your disposal!
Are You Going to Be Divorced?
In the recent years, the topic of divorce has been in the minds of many. Many established families have disintegrated. Children have been left fatherless, motherless, and in some cases total orphans.
Divorced parties undergo many challenges like lack of basic needs such as food, shelter, and clothing. Many of them end up being impoverished. To mitigate the problems that these people endure, various legislations have been made. These are about offering a remedy to the divorced party who may be suffering at the expense of the other.
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The court may not be so much concerned about the marriage reinstatement to the previous position but the plight of the dependents, especially if they are destitute. This is the main reason as to why I am motivated to dig deeper into this topic.
A court of law in concern about marriage may order for maintenance payment by one party to the other. This only happens if there was a written agreement between the parties seeking judicial redress. Again, this also occurs when a settlement arrangement is arrived by the parties just before a divorce happens.
In the absence of a written treaty, the court may also proceed with making the order for the payment of maintenance. However, several factors must be put into consideration. These factors to consider will determine whether the aggrieved party will receive recompense in full or partially.
In very many Acts all over the world pertaining marriage and divorce, the common word used is ‘may’. This is concerning the provision of maintenance to any spouse. It means that the entitlement to support is not a fundamental human right but discretionary. By this, I mean that a party should prove he or she legally deserves the maintenance right. Section 8 of the Act stipulates that the order may be rescinded, suspended, or varied.
In a situation where there is no prior agreement on the provision of maintenance to divorced parties, the court, given the living standards of the parties before the divorce, marriage duration, financial requirements, and obligations, the earning abilities or any other way, can provide an order which will justifiably affect the aggrieved party. The factors mentioned above are not exhaustive.
The person seeking for maintenance must prove that he or she needs it. Otherwise, it will not be just for the court to make an order in his or her favor. Therefore, providing that someone needs maintenance is very critical. Living with another person based on the Supreme Court Decision is not enough reason to bar one from claiming for maintenance. However, the claim can be watered down if it is found that the person this party is living with has enough financial muscles to cater for her needs adequately. There are factors that a court may put into consideration while awarding post-divorce maintenance to spouses. They are as explicated in the following paragraphs.
First, the court seeks to establish the availability and adequacy of the means for providing the remedy. Means is used to refer to financial resources. It may include income from employment, capital assets, and other sources.
However, it does not entitle inherited or possible voluntary payment or inheritance to children or spouse who belonged to any party previously. By this, I mean that the claims for maintenance should be determined by the division of assets which have been adequately conducted. This will help in establishing the real owners of the property that may be distributed to the party(s) seeking for maintenance after divorce.
As I had earlier mentioned, the obligations and needs of the parties must also be determined. The daily financial requirements must be substantiated about the income that trickles to the parties’ pockets. This is used to help to distinguish what may be a luxury to one party and at the same time a need to the other. This helps the judges to prudently determine if an individual can live by his or her means. This topic has been much exaggerated of late.
There is a backload of cases regarding the provision of maintenance. It is due to this reason that the sobriety of judges must be seen in the determination of the cases, whereby justice and fairness must be seen taking its course. For instance, it is unfair for a party to seek for maintenance after a divorce of a marriage that had only lasted for a week.
The duration which the marriage has lasted before separation is a key determinant as to whether or not maintenance will be factored. Nowadays, gross misconduct may not bar one from being awarded support. Of course, this is a subject of court determination, but adultery and any other misconduct can be put aside while calculating the finances payable.
This, for example, might be attributed to the fact that there are dependents who cannot stand on their own and if the divorced party used to support the other in the previous periods substantially.
In the recent past, any party can seek for interim maintenance especially if the divorce process is taking too long. Courts of law could do this if they established that the party is in need of the same and if all matters prove what has been availed.
Lastly, it is important to note that a divorce cannot be defended on the occasion that a wife lacks means of finances. The confines of the law argue that legal costs contribution claims are made before or at the beginning of divorce proceedings. If the divorce issues are amicably solved, sanity and decorum will ensue. This will prevent further litigations and hence enhance morality in the society.