Where Love Has Gone.....

The move by the authorities to amend the Syariah laws to standardise divorce settlements is very timely and perhaps the laws can also be applied for the divorce settlements of all Malaysians.

Let’s face it – divorce rates have increased in Malaysian society and a divorce usually results in a family that is under severe strain. Single parent, one-income family and a compromise in parental supervision.

Many a single parent does an excellent job of being a parent and a wage earner but very often, a divorce results in a dysfunctional family. The children are more prone to delinquency and the potential for failing in school is very high.

Having a common law for all divorce settlements will simplify matters in both the Syariah and civil courts. What I suggest is that the Syariah court can formalise the divorce proceedings but they can then issue a court order to the separated couple to get the settlement from the civil court before granting the divorce.

However I am no expert on both courts so perhaps a legal expert can comment.

For an equitable settlement, the courts should include the following:

All properties sold within 6 months of the divorce
All bank accounts
All insurance benefits, based on surrender value
All EPF balances
All pensions

For a housewife, it would be fair to grant her one-third to one-half of all these assets based on how long the marriage has lasted.
For a working wife, it could be based on their respective salaries, excluding EPF accounts. If the wife earns more, she will receive a proportionate amount.
For any children to be taken care of by the wife, she can be granted 10% of the husband’s salary for each child, subject to a maximum of 30% of basic salary.

It sounds quite mercenary to put all the notions of love and marriage into such numbers but where love has gone, we should make the best solution for all parties.

Sometimes, when couple look at the hassle of divorce, they may find a solution in marriage counseling.




photo: http://www.zawaj.com/weddingways/images/malay.jpg