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Question 94
Under what circumstances can the court make adjustments or variations to previous arrangements (Variation Order) after the divorce application is completed?
Applications to vary arrangements are limited to specific circumstances, including misrepresentation, mistake, or a material change of circumstances.

Question 95
Can I apply to the court for child custody before filing for divorce?
Yes, you can. The court can make a decision regarding child custody at any time, and “at any time” means that a divorce proceeding does not need to be filed beforehand.

Question 90
I am afraid that my husband might suddenly go back on his word after the divorce and refuse to transfer the house to the child. How can I prevent this situation?
🔸 You can express this concern to your lawyer and request them to apply in court for an order stating that if the other party refuses to sign the necessary documents to transfer the house to the child, the court has the authority to sign the documents on their behalf. Of course, you can also apply to the court for a caveat to lock the property, preventing him from transferring the house away.

Question 89
What if I want to leave the house to a child under 18 years old after the divorce, is it possible?
It is possible. In this case, the court will require one party to hold the house on behalf of the child and transfer the house to the child after they reach 18 years old.

Question 91
The court ordered both parties to jointly pay the housing loan, but my husband refuses to pay. Do I still need to pay? How can I resolve this?
You can take legal action against him for contempt of court. In serious cases, he may face imprisonment.

Question 92
The house is jointly owned by my husband and me. If we want to sell it, must both parties sign?
You can express this concern to your lawyer and request them to apply in court for an order stating that if the other party refuses to sign the necessary documents to sell the house, the court has the authority to sign the documents on their behalf.

Question 93
The court ordered both parties to jointly pay the housing loan until it is fully settled and then transfer the house to me. However, I am afraid he might renege and refuse to sign the transfer documents at that time. How can I avoid this situation?
If you are worried, both parties can put up a sum of money first to pay off the house loan.

Question 87
The house is jointly owned by my husband and me, but he has always been the only one paying the mortgage. If the house is sold, how much can I get?
This depends on the court. The court will comprehensively consider the direct and indirect contributions of both parties and determine the division ratio based on the principle of fairness.

Question 88
If I want to leave the house to my child after the divorce, is it possible?
Yes, but the child must be 18 years old or above to hold property. However, this requirement must be clearly stated in the court order. This way, if the other party fails to comply with the court order in the future, we can take action to enforce it.

Question 84
The house is under my husband’s name, and I have never paid the mortgage, but we have lived in that house since we got married and our child was born there. Is it possible for me to get that house after the divorce?
Yes, it is possible. You might be able to get the house or a part of it. As for how big a share, it will depend on the court and the contributions made by you and the other party to the house.

Question 85
The house is under my husband’s name, and the loan is also under his name. I have never paid the mortgage, but I paid the down payment for the house and also paid for the renovations. Is it possible for me to claim that house?
Yes, it is possible. However, this depends on the court. The court will consider various factors, such as your contribution to the house, and make a fair and reasonable judgment.

Question 86
The house was purchased before marriage and is under my husband’s name. However, I have always been the one paying the mortgage and I also bought the furniture. Is it possible for me to claim that house?
Yes, it is possible. The court will consider various factors, such as your contribution to the house, and make a fair and reasonable judgment.

Question 79
When claiming child maintenance from the child’s father, must I present receipts for the expenses?
Generally, unless the court orders a fixed amount, receipts must be presented to claim child maintenance. Ultimately, this depends on the court order issued.

Question 80
What can I do if the child’s father refuses to pay when I claim child maintenance from him?
You can take legal action against him for contempt of court. In serious cases, he may face imprisonment.

Question 81
What can I do if I find out that my husband is secretly selling or transferring properties when I apply for a divorce in court?
You can apply for an injunction from the court to restrain him from transferring or selling the properties.

Question 82
What are the criteria used by the court when making arrangements for the division of assets?
The court first needs to determine whether the assets constitute matrimonial assets, as well as the contributions made by both parties to the properties, among other factors.

Question 83
Is the division of assets always an equal split?
Not necessarily. It depends on many factors, including:

The contributions made by both parties to the properties;

Any debts incurred by either party for the joint benefit of both parties;

The needs of the children of the marriage.

Question 76
If the child needs to study abroad in the future or if the child’s maintenance is no longer sufficient due to certain reasons, can I apply to the court again to adjust the amount of child maintenance?
Yes. You can inform your lawyer, and the lawyer will apply to the court for a variation of the court order. After that, your lawyer will serve the documents to the other party, and the court will fix a hearing date. The other party will then hire a lawyer to appear in court and defend.

Question 77
Does child maintenance include the expenses for the child to attend university?
Generally, if a child chooses to attend university, the university expenses will be a part of the child maintenance.

Question 78
I heard that in the past, child maintenance was only paid until the child reached adulthood (18 years old). Has there been any amendment to the law up to now?
In 2017, the law was amended to state that if a child chooses to attend university, the child maintenance arrangements will continue until the child graduates from university. This amendment came into effect in 2018.

Question 73
Must child maintenance always be paid by the child’s father? Can it be paid by the mother?
Under normal circumstances, the court will primarily require the child’s father to be responsible for child maintenance, unless the court deems that the child’s mother has the capacity to be responsible, for example, if the mother is employed and possesses a certain earning capacity.

Question 74
What will the court consider when making arrangements for child maintenance?
The court will consider the financial capacity and circumstances of the parents before making arrangements.

Question 75
Apart from family law, what other legal provisions can I use to claim child maintenance from the child’s father?
If one party in the marriage is unwilling to maintain the child or even abandons the child, the court can make additional arrangements for child maintenance under the Married Women and Children (Maintenance) Act 1950. This procedure can be applied for in the Subordinate Courts (Magistrate’s Court / Sessions Court).

Question 69
Must maintenance always be paid by the husband to the wife? Can a husband claim maintenance from his wife?
Yes, it is possible if the husband is in need.

Question 70
What expenses does child maintenance include?
Child maintenance includes living expenses, accommodation, medical expenses, transport expenses, education, etc.

Question 71
Until when does child maintenance need to be paid?
Under Section 95 of the Law Reform (Marriage and Divorce) Act, unless the court provides another duration, child maintenance will be arranged until adulthood (18 years old), or if the child has a physical or mental disability, until such disability ceases. Alternatively, if the child is pursuing further education, such as university, it will be paid until the child graduates from university.

Question 72
Under what circumstances can the court make arrangements for child maintenance?
When the other party:

Refuses to maintain the child or even abandons the child;

Abandons the wife and child;

During matrimonial proceedings and applications for trial;

At the same time when making arrangements for the child’s custody or access rights.

Question 65
Under what circumstances can I claim maintenance?
Maintenance can be claimed under the following circumstances:
During matrimonial proceedings and pending trial.
Upon the granting of a decree of divorce or judicial separation.

Question 66
What can I do if I am unable to afford my living expenses while waiting for the trial of the divorce application?
You can apply to the court for interim spouse maintenance.

Question 67
If the maintenance is no longer sufficient to cover my living expenses after the divorce due to certain reasons, can I still apply to adjust the maintenance amount?
Yes. The court still has the power to vary the maintenance arrangements made previously even after the divorce.

Question 68When the court makes arrangements for maintenance, are there any legal criteria that the court needs to consider?
Before making maintenance arrangements, the court will first consider the circumstances and needs of both parties, including:
The duration of the marriage.
Whether there are children in the marriage.
The age of both spouses.
Whether one party was financially independent during the marriage.
The earning capacity of both parties.
Whether the divorce has an impact on the financial position of either party.