The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.
(104) GENERAL INFORMATION ON MATTERS AFTER A DIVORCE
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After a divorce, the parties have to face the following questions:-
(1) custody of the children,
(2) maintenance for the other spouse,
(3) maintenance for the children,
(4) financial and property adjustments between the parties.
If these cannot be agreed upon between the parties, they have to be dealt with by the Court.
When the Court deals with the question of custody of the children, it has to be satisfied that the future arrangements for them are in the best interest of the children. Neither spouse can have any priority or a better say over the other. If custody is granted to one spouse, the other spouse is usually entitled to have reasonable access to the children.
Maintenance for a spouse depends on many factors including the financial positions of the parties, their respective needs and earning powers. It is normally payable until death or remarriage of the wife. If the Court thinks there is no need to vie maintenance to a spouse, no order will be made.
Maintenance for the children turns mainly on their needs and is usually paid until they are 16. If they are under disability or receiving education, this can be extended until they are 21 or as the Court directs.
Both maintenance for the spouse and for the children can be made by periodic payments or a lump sum. They may even be secured on a property.
Financial adjustments are usually determined by the parties' respective financial resources and contributions towards the family expenses during their marriage.
Whenever there are any subsequent changes in circumstances either party can come back to the Court and ask for a variation of any order made by it in the above matters.
Date of amendment: 1st October 1992