Islam views marriage as a sacred bond that brings together a man and a woman. It is a religious duty and is considered a moral safeguard as well as social necessity. Marriage is a beautiful relationship and should not be broken except for compelling reasons.
Divorce is not encouraged and should be treated as the last unwelcome resort after all possible means to sustain the marriage fail. This includes peaceful discussion between the couple and seeking a third party to help them with their problem. The Allah SWT hates a divorce without just reason. The Prophet SAW said:
"Among lawful things, divorce is most hated by Allah." [Abu Dawood]
However, if differences between a husband and a wife are still irreconcilable despite actions taken to save it, divorce is permitted and should be performed in a decent manner.
Allah SWT Says,
"If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best." [An-Nisaa'': 128]
When a divorce occurs, the true cost of it effects on the family most. Although it is a painful experience, not only for the couple themselves, but also for their children and family members, it is best that each party learn their rights and obligations. You need to know how you can protect yourself when dealing with the situation.
OBLIGATIONS
When children are involved, both parents are responsible towards their well-being. This includes providing child support and visitation rights. If your divorce agreement states you to provide child support, you are obligated to pay it and trust that your ex-spouse uses the money for the benefit of your children. On the other hand, if you are given the custody for the children, you must not withhold visitation rights even if your ex-spouse fails to provide child support. Your children should not be the victims and they have the rights to the care and love from both parents.
PROPERTY / ASSETS
A number of people going through the divorce process do not get what they deserve in terms of properties / assets as they focus more on getting the procedure done and over with, or they wish for a chance to reconcile.
Each party has their own rights. If you have gained custody of the children, the division of properties and assets are important as it reflects the future of your children. It is advisable that a financial planner be consulted to assess the real value of your assets. It is best that both parties come to an agreement when it comes to properties and assets, but this is not often the case.
You may consider consulting an attorney. However, you must do your homework first. List down all your marital assets and get appraisals where necessary. Calculate how much you need to cover your children’s food, clothes, school supplies and other expenses. Find out how much your spouse earns including bonuses and stock options.
A wife should also keep in mind what she owns before marriage is entirely her right and her husband has no right to any of it both during marriage and after divorce.
RIGHTS
When it comes to financial matters, it is important that the wife also educate herself, as usually she would leave it to her husband to handle. She must understand their tax returns, investments and stay informed on all their debts and family income.
When a divorce is in progress, you must cancel any joint bank accounts and open individual accounts. Cancel all credit cards and get new ones under your own name. Notify all creditors on you change in marital status.
All assets must be legally divided when your divorce has been finalized including changing the names on house deeds, car titles, stocks and bonds. It is important that you change the beneficiaries on life insurance policies, saving accounts etc. You must remember that you need to update your will immediately.
Divorce can been seen as more merciful rather than forcing couples to live together despite their will. It can be a devastating experience for one or both parties, but knowing your rights can help reduce the pain. It is definitely a bitter pill to swallow and every couple must look for ways to avoid this abominable life.
Divorce is not encouraged and should be treated as the last unwelcome resort after all possible means to sustain the marriage fail. This includes peaceful discussion between the couple and seeking a third party to help them with their problem. The Allah SWT hates a divorce without just reason. The Prophet SAW said:
"Among lawful things, divorce is most hated by Allah." [Abu Dawood]
However, if differences between a husband and a wife are still irreconcilable despite actions taken to save it, divorce is permitted and should be performed in a decent manner.
Allah SWT Says,
"If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best." [An-Nisaa'': 128]
When a divorce occurs, the true cost of it effects on the family most. Although it is a painful experience, not only for the couple themselves, but also for their children and family members, it is best that each party learn their rights and obligations. You need to know how you can protect yourself when dealing with the situation.
OBLIGATIONS
When children are involved, both parents are responsible towards their well-being. This includes providing child support and visitation rights. If your divorce agreement states you to provide child support, you are obligated to pay it and trust that your ex-spouse uses the money for the benefit of your children. On the other hand, if you are given the custody for the children, you must not withhold visitation rights even if your ex-spouse fails to provide child support. Your children should not be the victims and they have the rights to the care and love from both parents.
PROPERTY / ASSETS
A number of people going through the divorce process do not get what they deserve in terms of properties / assets as they focus more on getting the procedure done and over with, or they wish for a chance to reconcile.
Each party has their own rights. If you have gained custody of the children, the division of properties and assets are important as it reflects the future of your children. It is advisable that a financial planner be consulted to assess the real value of your assets. It is best that both parties come to an agreement when it comes to properties and assets, but this is not often the case.
You may consider consulting an attorney. However, you must do your homework first. List down all your marital assets and get appraisals where necessary. Calculate how much you need to cover your children’s food, clothes, school supplies and other expenses. Find out how much your spouse earns including bonuses and stock options.
A wife should also keep in mind what she owns before marriage is entirely her right and her husband has no right to any of it both during marriage and after divorce.
RIGHTS
When it comes to financial matters, it is important that the wife also educate herself, as usually she would leave it to her husband to handle. She must understand their tax returns, investments and stay informed on all their debts and family income.
When a divorce is in progress, you must cancel any joint bank accounts and open individual accounts. Cancel all credit cards and get new ones under your own name. Notify all creditors on you change in marital status.
All assets must be legally divided when your divorce has been finalized including changing the names on house deeds, car titles, stocks and bonds. It is important that you change the beneficiaries on life insurance policies, saving accounts etc. You must remember that you need to update your will immediately.
Divorce can been seen as more merciful rather than forcing couples to live together despite their will. It can be a devastating experience for one or both parties, but knowing your rights can help reduce the pain. It is definitely a bitter pill to swallow and every couple must look for ways to avoid this abominable life.
