Its never a good thing when a marriage ends in divorce. In fact, its never a good thing when a marriage ends, period. But its particularly nasty when the husband and wife decide that they can no longer live with each other. If they didn't like each other in marriage, its almost a certainty that the process of divorce will make them hate each other.
Just a few of the thorny questions that need to be answered:
1. Whose fault is it?
This is not necessarily clear cut since most divorces are not a result of a single bad event or cause. He's been sleeping around because she's a terrible home maker. She's a terrible home maker because she has to work long hours because he doesn't work. He doesn't work because of an accident that could have been avoided if she wasn't driving so fast one stormy night.
In cases where the divorce occurs under unhappy circumstances (is it possible for a divorce to happen under happy circumstances?), the issuance of blame is vital in order to determine liability and the subsequent consequences of that liability.
2. Whose property is it?
During the marriage, its inevitable that property will be acquired. The husband has a company that started from nothing, but at the time of divorce is worth millions. How much of that company is the wife entitled to after years of support, care and love? She buys a house to share using his money but under her legal ownership. How is that house divided amongst them?
If the lawyers and the courts are lucky, mutual agreements are reached over the property acquired during the marriage. Its important to note that it rarely matters under whose name the property belongs. As long as the property was acquired during the course of the marriage, each party can claim a share. Such a rule can cause massive problems. She provided the capital to start the company, but he ran the company. Its arguable that the company wouldn't exist without her (and without him). But does that entitle her to half the company? Compound the problem exponentially for every million dollars the company is worth.
3. What about the kids?
If children are involved in the equation, then the nightmare is just about to begin; divorces are tough enough without having to think about who should keep the kids, or how much should the husband pay for his children's expenses.
Visitation rights, alimony, custody, children growing up with confused perceptions of parenthood, therapy sessions - these are the buzzwords/phrases that both the husband and wife will have to get used to in discussing the position of their children post-divorce. What a mess. What a terrible situation to be in as a child of a broken home.
Recommended reading: Divorce in Islam
Leave a comment