As we vowed to compassionately be together, let’s separate in the same way.
A sentence you have surely heard in a movie or a television series when a couple agrees to divorce.
Then, how can we enter into a marriage compassionately to separate in the same way?
Do we really enter into a marriage compassionately?
Entering into a marriage for the right reasons with solid grounds makes the divorce easier, classier and without problems for both the husband and wife, and above all for the children as the divorce does not have to be beginning of problems between the spouses. If the divorce was done right, it could well be the beginning of a respectable relationship between the man and the woman. However, the basis for this has to have been made from the beginning of the relationship between the couple which would start from the engagement.
In this article, we will talk about the things that if we had taken care of at the time of the marriage, they would not cause problems during divorce.
It is common practice in the Egyptian society that the deferred dowry that the husband pays is not the one written on the marriage certificate so that the Maazoun – The authorized person to register marriage in Egypt – would not take any commissionof it which is the first mistake that the two parties fall into while writing the marriage contract.
It is not important that the deferred dowry or the dowry is a lot or not however it is important that we write the real amount paid because if – God forbid – the wife sued her husband for Khul? divorce, she will be required to return the amount written in the marriage contract. In that case, the husband will note be able to prove that the amount written in the contract is not real and that the deferred dowry or the dowry was more than that.
Article (20) of Law No. 1 for the year 2000 regulating a number of litigation formalities related to personal affairs, provides for as follows: “The couple may mutually and amicably agree on Khul?(which is a divorce based on the wife’s demand) However, if no such agreement takes place and the wife files before the court for Khul’ by waiving her financial rights under shariaa and agrees to give back the dowry she received, the Court shall order her divorce accordingly”.
The dowry given to her is the one written in the marriage contract as it is difficult to prove something that is not written in the marriage contract.
Unfortunately, some wives or husbands after or before the divorceuse the children, either to take revenge on the other party or for material gains, and in this case, the problems start to increase instead of decrease.
For example, if the husband refuses to pay the child’s support, the law allows the wife to file a lawsuit against the husband demanding payment of the child support however the problem then is that the wife shall demand payment of a large and collected sum.
Article 76 bis / 2.1 of Law No. 1 for the year 2000 added by Law No. 91 for the year 2000 provides for that “If the respondent refuses to execute the final judgment issued in the lawsuits for child support, hires and similar, the awardee may refer the matter to the court which issued the ruling or in which circuit the execution is taking place. Once it has been proven to the court that the defendant is capable of settling the adjudged award, and ordered him to pay but he failed to pay, the court shall sentence him to a thirty days imprisonment. In case the defendant pays the award or secures a bail acceptable by the awardee, he shall then be released”.
This means that you either pay or you go to jail, as they say in the movies.
If the wife prevented the father from seeing his children because he did not pay the child support or for any other reason, or without a reason, the husband shall be entitled to file a lawsuit demanding his visitation rights and the Court shall rule in his favor. If the wife refuses to execute the court judgment for the husband’s visitation rights, the husband shall be entitled to file a lawsuit for custody. This would mean that the children would be taken away from the mother!
And many other examples.
All the problems that occur during and after the divorce can be rectified without resorting to courts if two things were made clear from the very beginning, the first isclarity in everything since the engagement and the second is not to use the children in the differences between the two parties.