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RECONCILIATION AND MARRIAGE TRIBUNAL

Learn about the steps and requirements for reconciliation in divorce proceedings according to S. 55(1) of the Law Reform (Marriage & Divorce) 1976. Discover the exemptions under S. 106(1) and the role of the conciliatory body and Marriage Tribunal. Explore the challenges faced by the conciliatory body and weaknesses of the Marriage Tribunal.

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RECONCILIATION AND MARRIAGE TRIBUNAL

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  1. RECONCILIATION AND MARRIAGE TRIBUNAL FEM 4123

  2. RECONCILIATION • Steps at reconciliation must be taken by the parties to a marriage. • S. 55(1) Law Reform (Marriage & Divorce) 1976 : before presentation of a petition for divorce, the petitioner should have recourse to the assistance and advice of such persons or bodies…for the purpose of effecting reconciliation.

  3. CONTINUE • S. 55(2): if there is reasonable possibility of a reconciliation, the court may adjourn the proceedings for such period as it deems fit to enable attempts for reconciliation. • S. 57(2): every divorce petition must clearly state that steps had been taken to effect reconciliation. • S. 106 exempts this requirement for divorce under ss. 51 (conversion to Islam) and 52 (mutual consent).

  4. SAMBUNGAN • S. 106(1) other exemptions: • Petitioner has been deserted. • Respondent residing abroad. • Respondent failed to attend reconciliation. • Respondent is imprisoned for a term of 5 yrs or more. • Respondent suffering from incurable mental illness. • Court satisfied that reference to conciliatory body impracticable.

  5. CONCILIATORY BODY • A council set up for the purpose of reconciliation by the appropriate authority of any religion, community, clan or association. • A Marriage Tribunal – a unit in the Department of National Registry. • Any other body approved by the Minister in charged of the registration of marriages. • If conciliatory body failed to reconcile the parties – refer to Marriage Tribunal for the area in which the parties reside. • If parties are living in different area – the Marriage Tribunal for the area they last reside together.

  6. CONTINUE • The conciliatory is given 6 months to resolve the matrimonial difficulty. • Parties cannot be represented by lawyers. • Family members may represent the parties. Any other person must get the leave from conciliatory body to represent parties. • Fail to reconcile: issue certificate to the effect. May append recommendation regarding to maintenance, division of matrimonial property and custody of infant children, if any.

  7. PROBLEMS AND DIFFICULTIES FACED BY CONCILIATORY BODY • Familial ties – parties seek help from family members. • Failed: consult lawyer who will advise on procedures, requirements, implications relevant to divorce proceeding. • Decision to go ahead with petition for divorce – signals the absence of any likelihood of reconciliation. • So, reference to conciliatory is a waste of time and resources.

  8. WEAKNESSES OF MARRIAGE TRIBUNAL • The members of conciliatory are strangers – parties hesitant to disclose private details of their marriage. • Presumption of bias, judgmental, unhelpful, prejudice, impartial. • Frequent postponements of hearing due to difficulty in securing attendance of all members on the appointed dates. • Delay aggravate tense and unfortunate situation of the parties.

  9. CONTINUE • The members of conciliatory body are not experts on the issues. – unable to perform duty efficiently. • Appointment of member to the Marriage Tribunal is not permanent – could not make decision because members are transferred to other department. • Attendance to conciliation process in not compulsory. • Lack of coordination, standardization and direction (Nora, 2005).

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