Why you need a syariah divorce lawyer
Most people think lawyers only come in handy when there is a Court Trial like in the movies. The reality is, there are many things that a Syariah Divorce Lawyer can do for you even before a Court Trial begins. Here are 7 reasons why you can benefit from hiring a lawyer:
Understanding Your Rights And Entitlements
As a Muslim wife in Singapore, do you know that you are entitled to some of your husband’s CPF? However, this only applies in cases where there has been a long marriage.
But what is considered as a long marriage? Is there a fixed percentage amount that you will be getting? Will your chances improve when there are children involved?
Do you also know that you can apply for an Interim Court Order to see your children? This order really helps when access to your children is denied by your spouse.
For both husbands and wives, being unaware of your entitlement(s) can be a disadvantage to you. We all want to be treated fairly and move on with our lives and leave this ugly episode behind us.
Speaking to a lawyer will ensure that you will not have any unanswered questions and your rights and entitlements are protected. More importantly, you can avoid prolonged resentment and anger towards anyone else, including yourself.
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Avoid Lengthy Divorce Proceedings And Court Hearings
It is quite alarming that more than half of divorce proceedings take longer than they should. It is always best to resolve divorce proceedings as soon as possible so that both parties can then move on with their lives.
It is very unhealthy to be stressed out day in and day out, sometimes for years on end. One of the reasons for prolonged divorce proceedings is because of an additional one or two court hearings which are really unnecessary.
Why this is so? It is because a lot of issues can be settled amicably at the mediation stage. You should find out and be aware when your (ex) spouse has made a good, or fair offer during the divorce. A lawyer will be able to advice you on this.
A lawyer will advise you on when a case may be settled, instead of unnecessarily dragging it to a court hearing. Imagine how much time and heartache you can avoid.
Getting A Court Order For Your Child Access
There are individuals who are willing to move out or move out of their matrimonial home before their divorce is even finalised. This can be a situation whereby one party is willing to ‘give in’ to avoid daily squabbles or when the couple can’t see eye-to-eye.
In doing so, there are cases when access to their own children is subsequently denied by the other party (or family). There could be many excuses given or used. This is surely the hardest thing any parent can endure and you should not become a victim.
If you’re a victim of such a scenario, lawyers are also able to assist parents who have been denied access to their children by taking out an Interim Summons Application. This is an urgent order that the court can make on when you can see your children before your final hearing, where the Final Order will be made.
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Excuse From Court Hearings
Do you hate going to court for hearings? Imagine dragging yourself out of bed and making your way to the Syariah Court or Family Court for Pre-Trial Conferences (PTCs).
If you have a lawyer, you will only need to attend the mediation(s) and the final hearing. Having a lawyer representing you definitely helps if your schedule is very tight. This usually happens when one has other pressing or urgent matters to attend to.
Hassle-Free Forms Submission
We’ve also come to realise that a lot of people do not know the correct way of filling up their forms and are unable to comply with legal requirements. These forms are especially important for your court proceedings.
There may be implications if the forms are filed up wrongly. Submitting these forms/documents without error ensures that your applications go smoothly and hassle-free. These forms may be new and complicated for some who do not understand the terms which are commonly used. Having an experienced and meticulous lawyer like us, will help you avoid such complications.
Unable To Serve Divorce Documents
It is important to serve (deliver) a document to an opposing party, in this case – your spouse. Sometimes a spouse cannot be found and a Substituted Service application may be required via Whatsapp or Berita Harian for example.
If you are unable to serve the divorce documents personally on the person and get him/her to acknowledge, you may have to proceed via other means such as Whatsapp, Email, Facebook but you will first need to apply for a Court Order before doing so. Essentially, substituted service means an alternative method of delivering documents to one party.
There is a procedure to undergo before the Court grants the order. You will also need to provide proof of compliance with the practice directions before being able to proceed to the next step and before the Court grants the order. This is a stumbling block that a lawyer will be able to take care of for you, so that you can move on with your case, instead of being stuck and uncertain. Do Get In Touch With Our Friendly Lawyers At +6597118078.
Husband’s Refusal To Pronounce Talak
Have you ever heard of such situations where the case is unable to proceed? One very common example is when Talak or Talaq has not been pronounced especially due to husbands’ refusal or absence. An experienced lawyer will be able to advise you and proceed on other methods such as Cerai Taklik, Fasakh and Cerai Hakam.
If you’re an introvert and seldom speak your mind, chances are you’re the type of person most likely to agree with whatever is presented to you. This may not be beneficial for you or your children in the long run.
Knowing your rights and entitlements will ensure that you will have a peace of mind and that you are being treated fairly.
Nobody likes lengthy court proceedings too. You should avoid unnecessary or additional court hearings when there is no need for them in the first place. Try to find out and understand the whole divorce process first so that you can make better decision instead of relying on hear-say. No two cases are ever alike.
Everyone knows that no child should ever be separated from their parents. If you’re denied access to your children, don’t just keep quiet. Reach out and talk to someone to find a suitable solution.
There are parents who have kept quiet and ‘hope’ that things will improve in the future. The problem with that is – you can’t change things for the better, by doing the same things that are NOT working
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Conclusion
Speaking to a lawyer for consultation will not incur any fees on your part. Normally a lawyer will tell you in advance especially when he or she has already used the term “Free Consultation”.
Use this to your advantage and get as much information as possible.
This is very useful and helpful if you’re the type of person who has tons of questions. Tips for you: Write down your questions in advance so that you will not be left with unanswered questions.
