Divorce & Family Law

In matrimonial matters, a common question arises: if one party is in the process of applying for a “procedural exemption,” and the other party suddenly converts to Islam, will this affect the divorce proceedings?

First, it depends on the stage of the process. If the exemption application has just begun and the other party converts at that point, the situation changes significantly.

Once the other party formally converts to Islam, there is no longer a need to continue the original exemption application. This is because, after a change in religious status, the legal foundation between the parties has fundamentally changed. A unilateral divorce application may be filed directly on the basis of the conversion.

Many people attempt to link “custody orders” with “divorce proceedings,” assuming that if both parties are already complying with a custody order, the divorce process should become simpler, or even qualify for procedural exemptions.

However, in essence, these remain separate matters.
If both parties comply with the custody order—maintenance is paid, visitation arrangements are followed, and everything proceeds according to the order—then legally there is no breach of order. Since there is no violation, the matter itself has already been properly settled. It does not automatically affect the marital status, nor does it become a shortcut for divorce proceedings.

In handling family matters, many people tend to confuse “child custody” with “divorce.” However, in law, these are entirely separate procedures.

Some parents, even before divorce, have already applied for and obtained a court order regarding child custody. Such orders may include guardianship, visitation rights, and even maintenance (child support) arrangements. However, issues often arise after the order is issued—if the other party refuses to comply, such as failing to pay maintenance, what should be done? Furthermore, if the party later decides to file for divorce, can they request certain “exemptions” in the divorce process because custody matters have already been handled in court?

Can a Partner Living Overseas for a Long Period Constitute a “Special Circumstance”?

There are indeed such situations:

The other party has been living abroad for many years
It is confirmed that the person is in a certain country
It is even known that the person holds residency rights in that country
However, the exact residential address is unknown
Phone calls cannot be connected
All communication channels have become invalid
Even family members do not know the exact whereabouts

In such circumstances, if one party intends to file for divorce, an application may indeed be made to the court for exemption from mediation.

In legal proceedings, certain situations may allow exemption from mediation or special procedural treatment, one of which is the other party being in prison. However, not all imprisonment cases qualify, as the law sets clear conditions.

Imprisonment as a “Special Circumstance” Condition

The law generally stipulates: imprisonment of five years or more may be considered a valid reason
Short-term imprisonment (e.g. theft or minor offences resulting in less than five years in prison) is generally not sufficient
The determining factor is the legal provision, not personal perception or circumstances

In legal proceedings, domestic violence does not only refer to physical harm; psychological abuse may also be regarded as a “special circumstance.” However, the key issue in law is evidence.

Can Psychological Abuse Be Considered a “Special Circumstance”?
In principle: yes, because psychological abuse can also cause serious stress, anxiety, or depression
However, the court requires objective evidence to support such claims, not merely personal statements or feelings

What Counts as Evidence?

Unlike physical injuries, psychological abuse does not leave visible marks. Common forms of evidence include:
Written records (e.g. WhatsApp, text messages, emails)
Voice records (e.g. voice messages)
Medical or psychological reports (showing mental health impact caused by abuse)
Testimonies or documents from third parties

What is a “Special Circumstance”?

The law does not provide a complete list specifying which situations are definitively considered “special circumstances”
It is a broad and undefined concept Judges exercise discretionary power based on the facts of each individual case
The key issue is whether there are sufficient reasons to show that a certain procedure (e.g. mediation) is not suitable

Does Domestic Violence Count as a “Special Circumstance”?

In principle: yes, it can be considered
Because in situations involving violence or safety risks, compulsory mediation may be unreasonable
It may even cause secondary harm to the victim

When applying to the court for exemption from mediation, valid and sufficient reasons must be provided—especially when the law ordinarily requires mediation first.

“Special circumstances” is a broad legal concept, assessed based on the facts of each case.

The law provides some clearer examples:

The other party is serving a prison sentence exceeding five years
The other party suffers from serious mental illness and cannot participate in legal proceedings
The other party is missing and cannot be located
The other party has been abroad for a prolonged period and is unlikely to return in the foreseeable future

These situations are generally accepted as valid grounds, as mediation becomes impractical or impossible.

Many people worry:
If the other party refuses to attend mediation, does that mean divorce becomes impossible?

The answer is: No.

If you initiate mediation and the other party repeatedly fails to attend, the relevant authority will issue a Sijil confirming their absence.

This document is crucial because it can be used to apply to the court for exemption from mediation.

In other words, the delay is not due to your non-cooperation, but the other party’s absence. In such cases, you may apply to bypass mediation and proceed directly with unilateral divorce.

Many people further ask:
“How are the three sessions counted? Is it once per month? Can it be completed in three consecutive days?”

There is often misunderstanding about this.

These sessions are not freely scheduled nor designed to be completed in a short period. They are not merely procedural steps to be rushed through.

Generally, each session is conducted separately, and each has its own procedural purpose.

The reason multiple sessions are required is that the process is fundamentally mediation, not a quick administrative procedure.