Introduction In early 2018, the Federal Court made it illegal for a parent to unilaterally convert his or her non-Muslim child to Islam. Should the conversion of children to Islam be an issue? It’s simply this. Non-Muslims who marry, enter into a non-Muslim marriage. They expect to raise non-Muslim children. And this means that their children […]
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Judicial separation – the 99% divorce
Judicial separation: I sometimes call it the 99% divorce. For me, judicial separation is almost like divorce. Almost, but not quite. Almost, because 99% of the things that go into a divorce, also go into a judicial separation. But at the end of the day, there’s one difference: In name, the couple would still be […]
Custody of Children: Who gets the kids?
Introduction When people get married, children are part of the equation. When people get divorced, children are part of the situation. And courts resolve the situation by making orders for custody of children. In another article on this site, we wrote about access to children. We described “custody” as the right of a party to […]
Spending Time with Kids After Divorce
Introduction Ever since Jane and her husband, John, broached the topic of divorce, she had begun to feel uneasy. She knew that she would need to contend with the topic of child access. She knew that she did not want to meet her husband, if possible, because of the painful memories they had. But she […]
Divorce Due to Unacceptable Behaviour of Spouse
Unacceptable Behaviour – Introduction Jane (not her real name) could never forget how her husband humiliated her in front of his relatives. To her, it was unacceptable behaviour. It was embarassing. The incident came flooding back every time she saw his face. She felt ashamed and she just wanted to leave her marriage. Unacceptable behaviour […]