Division Of Matrimonial Property Research Articles

PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN PASANGAN BERBEDA KEWARGANEGARAAN: PERBANDINGAN HUKUM INDONESIA DAN BELANDA

This study examines the separation of marital property after divorce between mixed married couples. It compares Indonesian and Dutch laws on the division of matrimonial property upon divorce, focusing the case of Henk Willem van Der Spil (a Dutch citizen) and Dyah Supriyantini (an Indonesian citizen). The study shows how the two legal systems are alike and different The research type is normative and descriptive, utilizing secondary data, qualitative analysis, and a comparative legal approach with deductive conclusions. The findings display similarities: 1) Research considers the division of shared belongings among couples in mixed marriages according to the HPI factors; 2) Both the Indonesian and Dutch HPI designate Indonesian law as applicable. The variations include: 1) Under Indonesian law, land and buildings are not counted as community property, whereas Dutch law regards them as such and divides them equally. 2) Indonesian law excludes the income of the Tulips Hotel and Resto from community property, while Dutch law includes it. 3) The Dutch law recognizes "divorce covenant," a concept that is not present in Indonesian law. Recommendations: to achieve fairness, judges should. consider international civil law and foreign law aspects when dividing property in joint ownership between mixed marriage couples.

Fighting for Gender Equality: Matrimonial Property Division in Kenya's Legal Landscape Upon Marriage Dissolution

In recent years, Kenya has witnessed significant advancements in its legal and policy framework promoting gender equality. The enactment of a new Constitution, which places a strong emphasis on equality, enhances protection against discrimination, and extends safeguards for vulnerable groups, marks a commendable step forward. Progress has been made in the past decade to ensure equality and uphold the rights of women within the institution of marriage, notably with the enactment of the Matrimonial Property Act of 2013 (the "MPA"). Notably, women in Kenya can now purchase, register, and inherit land from their parents. Despite these strides, gender disparities persist in the management and allocation of economic resources, particularly in cases of spousal death or divorce. This paper concentrates on the distribution of matrimonial property upon the dissolution of a marriage or divorce. Kenyan courts have, at times, arrived at conflicting conclusions regarding non-monetary support in both long- and short-term marriages. This leaves potential litigants, especially women, navigating the complexities of marital conflicts within the legal system without clear guidance on the significance of non-monetary contributions during divorce proceedings. The paper outlines the trajectory taken in the pursuit of gender equality concerning the division of matrimonial property upon divorce in Kenya.

실질적 특유재산에 대한 재산분할

In the division of matrimonial property at divorce, the properties which were acquired by cooperation of both parties should be divided. Then should separate property be divided, too? Separate property means the property which one party owned before the marriage or inherited or was given from the third party during the marriage. There are many cases in which division of separate property mattered. However, there is not much discussion on this problem. Nor is the judicial practice settled. The precedent of the Korean Supreme Court declared that separate property can be divided if the partner of the owner actively cooperated the maintenance of it and prevented the diminution of value or increased the value. In some cases, the Supreme Court acknowledged the division when the other partner simply did the household labor. The division of matrimonial property has 2 elements. One is an element of liquidation. The other is an element of support. From the perspective of the liquidation, the household labor itself should not be regarded as cooperation of the marital property. However, from the perspective of the spousal support after the divorce, the separate property can be divided if the division of the marital property was not enough for the spousal support.

Sole Matrimonial Property Division Through Joint Tenancy From Shariah Perspective

Currently the division of matrimonial property after death of spouse is proportionated according to spouse’s contribution in acquiring the property. The share of deceased then be distributed to deceased heirs according to the legal portion provided by faraid law. This practice apparently could affect the interest of deceased spouse in the circumstance where the property of the spouse is only one asset particularly matrimonial home. The wife might lose the ownership of the home which resulted to the deceased wife lose her home to live. Moreover, the existing methods of distributions seem rigid and might take longer period to be settled. Thus, this study aims to examine the position of joint tenancy as a distribution of sole matrimonial property after spouse death from Shariah perspective and its practices in Malaysia. The study adopts qualitative methods where the data is collected from library resources including fiqh books, legal provisions and reported cases. The data was analysed using content analysis methods. The finding showed that joint tenancy is one of the instruments of estate planning for Muslims objectively to safeguard the interests of deceased spouse after the death of the spouse. The process of ownership and transfer of property will be implemented through the right of survivorship principle as well as facilitate the process of claims in shariah courts. It seems in line with the principles of maqasid syariah which prioritizes the maslahah of couples and children as well as avoiding disputes on the property between the deceased's heirs and the surviving co-owners.

Trends in the Division of Matrimonial Property Based on Contribution: an Empirical Case Study Based on the Structured Approach in Singapore

Abstract Different jurisdictions have adopted different approaches to the division of matrimonial property. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to show how trends (and in turn certainty and predictability) can be obtained from a discretionary system, using Singapore’s contributions-based approach as a case study. Analysing 265 Singaporean judgements, the authors observed, amongst other trends, that division for both single-income and dual-income marriage tend to incline towards equality as the marriage length increases; there are divergences in collective outcomes from the Singapore Court of Appeal and Singapore High Court, and judgements from the Singapore Family Justice Courts; direct contributions have a significant impact on division for dual-income marriages; and the presence of child(ren) significantly influences division.

The Marriage Law Amendment Bill, 2010: Through a Gendered Lens

India has taken a big step in the year 2005 by amending the Hindu Marriage Act, 1955, giving women the equal right of inheritance as their male siblings. However, there remains a loophole where women are still marginalized when it comes to the division of property; the division of matrimonial property after separation. It is observed that divorce leads to women facing several hurdles starting from the legal system to their natal homes; the conditions are not suitable for women to have a good life after divorce due to loopholes in the legal system in India. Due to these issues faced by women, they are forced to stay loyal to their exploitative marriage for the rest of their lives. The introduction of the Marriage Law Amendment Bill of 2010, which eases the laws on divorce, brings further problems for women as they subjected to a rough legal system that upholds social morality over constitutional morality.

Division of Matrimonial Property in Accordance with Married Women Property Act 1882.

Division of Matrimonial Property in Accordance with Married Women Property Act 1882.

Division of Matrimonial Property under the Matrimonial Property Act of 2013 and the impact of Article 45 of the Constitution of Kenya 2010 on Division of Property.

Division of Matrimonial Property under the Matrimonial Property Act of 2013 and the impact of Article 45 of the Constitution of Kenya 2010 on Division of Property.

Kadhis’ Court Jurisdiction Conundrum; Interfaith Marriage and Legal Conflict in the Union

This paper seeks to analysis the jurisdiction of Kenya's Kadhis' Court, specifically on the unfolding concern where one party in civil disputes does not confess Islamic Faith. Many citizens have been aggrieved and justice denied due to errors made by lawyers and courts in appreciating the spirit of the Constitution in conferring specific jurisdiction to Kadhis' court. The paper, in its simplest form, explores the Kadhis' court jurisdiction on dispute concerning personal law, marriage, divorce, division of matrimonial property and inheritance in Kenya with the set goal of amicably solving the jurisdiction conundrum that has recently faced the court - interfaith dispute before it.

Post-Marriage Division of Matrimonial Property (Harta Sepencarian) in Malaysian Shariah Court

Halal in Islam is a wide concept. It does not only cover dietary consumption, indulgence and services but also other matters under the rubric of halal and haram including the divi- sion of matrimonial property. The practice of dividing matrimonial property is often asso- ciated with unfairness to the claiming parties due to the non-clarity of the existing provi- sion in providing appropriate and fair meth- ods. The current provision causes the court to adopt different interpretations in ascertaining allocated shares to the divorced parties. This is mainly because contribution is considered as a sole criterion in dividing the assets. Other factor such as well-being of the minor depen- dent are often disregarded. Thus, the study aims to examine the effective law being used by the court in dividing matrimonial property of those couple who have divorced. Content analysis was conducted on a carefully select- ed sample of unreported cases, collected from six zones representing Shariah Courts in Ma- laysia. A total of 215 samples were selected for the study where analysis was made based on several variables such as the mode of divi- sion, scope of matrimonial asset, elements of consideration and proportion of share. Find- ing of this study indicates that contribution remains as a sole criterion used by the court to determine the share of parties. Thus, this study suggests that in order to commensurate the actual practice of the Shariah Court, it is pertinent that the issue should be resolved by amending the existing law, taking into consideration a lot of other factors for fair and equitable proportions in the division of matrimonial assets thereby preserving the halal status of the property dispersal.

Property Division of Unmarried Cohabitants in Malaysia

There is no statutory framework to protect the property interests of unmarried cohabitants in Malaysia at the present time. Many couples engaged in unmarried cohabitation encounter issues relating to the division of property when a relationship breaks down, for example, because of separation or death. A cohabitant who has contributed to a lesser financial degree, but who has made significant non-financial contributions is often economically disadvantaged when the relationship ends. Whilst the Law Reform (Marriage and Divorce) Act 1976 applies to married couples in the division of matrimonial property that takes into account both financial and non-financial contributions, this statutory right is not extended to unmarried cohabitants. For cohabitants, the common law principles of resulting and constructive trusts apply. The courts adopt a “functional approach” in recognising the relationship and the manner of dividing the property. Even though case law recognises unmarried cohabitation and their rights to the division of property, a statutory recognition is essential to provide a clearer guideline that would encourage consistent judicial outcome. This would protect the interests of unmarried cohabitants in Malaysia.

Expansion of the scope of property subject to the claim for division of matrimonial property - Focusing on goodwill and stock options -

Expansion of the scope of property subject to the claim for division of matrimonial property - Focusing on goodwill and stock options -

The protection for surviving spouse in case de facto marriage is terminated for the death of one cohabitant - Focused on the inheritance right and right of division of matrimonial property -

The protection for surviving spouse in case de facto marriage is terminated for the death of one cohabitant - Focused on the inheritance right and right of division of matrimonial property -

The Nature of the Division of Matrimonial Property and the Inheritance of the right of the Division of Matrimonial Property

The Nature of the Division of Matrimonial Property and the Inheritance of the right of the Division of Matrimonial Property

Family Law in Canada: Past, Present and Future

A brief review of family law in Canada over the last 50 years and its extension from the traditional nuclear family to more diverse family structures. The paper includes some predictions as to the future. The focus is on parenting, child support, spousal support and the division of matrimonial property.

Nikah di bawah tangan perspektif yuridis dan sosiologis

The purpose of this paper is to determine the implementation of unregistered marriages and its obstacles in social life. The author uses a qualitative approach with descriptive methode which describes systematically, factual, and accurate information on the facts, properties and relationships among actualized phenomena. Siri marriage is a marriage conducted in accordance with terms and pillars of marriage in Islam, but not with the Registrar of Marriage Officer (VAT). Unregistered marriages is considered legitimate according to religion. Eventhough it causes problems because it is not listed in state law. So it will have difficulty regarding divorce and division of matrimonial property, as well as an impact on the status of children, guardianship status of marriage rights, and inheritance rights.

Let's call the whole thing off: divorce and trusts in Singapore

This article examines how the Family Court in Singapore might approach assets settled on trusts by one of the spouses in the context of a division of matrimonial property upon divorce.

A Review on the Conditions of the Right of Revocation to preserve the Claim for the Division of Matrimonial Property

A Review on the Conditions of the Right of Revocation to preserve the Claim for the Division of Matrimonial Property

'Sexualised Economics', Divorce and the Division of Farming Property in Australia

The purpose of the paper is to ask how family law texts, as regards rural divorce, have obtained there own particular structure and form. The author concentrates on the rural divorce cases.The purpose here is not to give an overview of the law as regards the division of matrimonial property, but rather to show how economic ideas on women have combined with notions of ‘sexuality’.

Divorce and the Excess Burden of Lawyers

We present a model where divorcing spouses can choose to hire lawyers in their divorce process. Spouses encounter incentives as in the classical prisoners' dilemma: Despite the zero sum nature of the game and the lawyers' fees, each spouse has an incentive to hire a lawyer. We propose a simple institutional setting allowing for joint lawyers in order to overcome this socially inefficient situation. This model is estimated and tested with rich micro-data from court records. Employing a multiple treatment matching procedure we estimate the causal effect of lawyers on the division of matrimonial property, on the length of the divorce process and on the quality of the divorce settlement.