Divorce by Mutual Agreement to be implemented on July 1
From July 1, couples will have the option of citing Divorce by Mutual Agreement when they decide to part ways.
The Ministry of Social and Family Development in its statement on May 13 also announced that the Mandatory Co-Parenting Programme will be extended to divorcing couples with children under 21 years old.
With the added grounds for divorce, couples do not have to pin blame on each other as they can jointly file for divorce without the need for one party to be the plaintiff and the other the defendant.
The existing five facts of divorce – desertion, adultery, unreasonable behaviour, and separation of three years with consent and four years without consent – remain available and unchanged.
Couples citing Divorce by Mutual Agreement as a fact must submit to the court the reasons leading them to conclude that their marriage has irretrievably broken down, the efforts they have made to reconcile and the considerations given to the arrangements for the children (if any) and financial affairs.
PKWA Law Practice on its website describes Divorce by Mutual Agreement as a welcome change as it "can protect the children from animosity between the parents".
The new fact of divorce allows couples to accept joint responsibility for the breakdown of the marriage without pointing fingers at each other.
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