(Continued and concluded from page 10, Friday, August 25, 2017, issue #3112 of the Amandala )

Two biggest mistakes
Now there are many steps that need to be taken during divorce and before the decree absolute is granted. Now the average person going through a divorce relies on their attorney to know these and deal with them; however, it is good for the lay persons to know so they can better instruct their attorney as to what they want done!

I say “good to know”, because too often I have met divorcees, both men and women, who only simply went through the divorce process and failed to address the other key issues such as custody of children, maintenance and division of matrimonial property.

One of the first big mistakes is where the spouse, usually the wife, fails to make application for alimony or maintenance during the divorce proceedings. You see the law actually puts a limitation as to when some of these applications are to be made. Thus, it must be noted that Rules 57 to 61 of the Supreme Court of Judicature Act, CAP 91 Subsidiary Laws, is unequivocal when it states as follows:

“65. (1) Application for maintenance or periodical payments on a decree for dissolution or nullity of marriage shall be made in a and [sic] separate petition which may be filed at any time after decree nisi but not later than one calendar month after decree absolute except by leave to be applied for by summons to a judge.” [emphasis mine]

It is therefore critical that women, especially, know that if they seek to enforce their right to maintenance in the Supreme Court where they can get more than the $100.00 weekly limit provided by the Family Court, they need to ensure that they retain their attorney to make this application within the prescribed time. Basically the above section says that if you want the court to entertain your application, then you must ensure that no later than one month after you have obtained your divorce, you must also apply for maintenance. Otherwise you will need to ask the Court’s permission to make that application out of time.
The second big mistake that is often made is that the spouse, wife or husband, also fails to make the relevant application to ensure that their matrimonial property is also divided up as the marriage comes to an end. Section 148A of the Supreme Court of Judicature Act, CAP 91, Laws of Belizeas amended by Act No. 8 of 2001 states:

148A.(1) Notwithstanding  anything  contained in this Part or in any other law, a  husband or wife may during  divorce proceedings make application to the court  for a declaration of his or her title or rights in respect of property acquired  by the husband and  wife jointly during the subsistence of the marriage, or acquired by  either of them during the subsistence of the  marriage.

I emphasize this section because many become so concerned with just getting a divorce, yet they fail to also apply to the court to settle the matrimonial property, which can only be done by the Courts if there is an application before it to consider. However, that application must be made during the divorce proceedings and not long after the divorce has been made final.

I have actually met women and men who after three, even ten, years after divorce say they want to apply to settle their matrimonial property. That is so too late. The concept behind getting it over with, just around the time of the divorce, is to bring finality once and for all over all the matrimonial issues that may arise. Other than through court, it is very possible for spouses to settle matrimonial property by deed of settlement drafted and signed by both. This is usually only possible where the parties are able to talk and reach agreement even after the marriage comes to an end. It is not mandatory to have the court settle it, you can negotiate it on your own and avoid the court drama. But if you cannot settle it, then do go ahead and apply to the court in a timely manner.