Family, Matrimonial and Cohabitation
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D. Financial Matters

Upon ascertaining what assets or capital, including shares, saving schemes, and endowment policies, or an interest in a trust fund, are available in the ‘family pot’ for distribution, approximate values for each has to be attributed. Thus, it is important that value of each property has to be agreed between the parties, if not, it has to be decided by the Court.

Then, the Court has to consider whether it is fair or practical to leave the capital as it presently stands or whether some adjustment needs to be made. In deciding what adjustment to make, if any, the Court will consider all of the factors referred to below.

  1. How would the Court deal with or divide the matrimonial properties between the husband & wife upon divorce?
  2. What factors will the Court consider in assessing the kind and the amount of maintenance (or alimony) to be made for a spouse?
  3. Can husband obtain maintenance from wife?
  4. What kind of maintenance order (or financially related order) is the Court empowered to make?
  5. What is “nominal maintenance”? Should I apply for such maintenance from my spouse in divorce proceedings?
  6. If there is a change of financial status for a spouse, will the maintenance order be subsequently adjusted or varied by the Court?
  7. If I got a large sum of money after the divorce (e.g. winning lottery or inherit a fortune from family), do I have to share with my ex-spouse from the maintenance?
  8. What can the wife/husband do if the other party refused or failed to make maintenance payment?