Divorce & Family Law

In matrimonial matters, a common question arises: if one party is in the process of applying for a “tribunal 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