The divorce proceedings in regular law and Syariah law differ in many ways. There are obvious parallels in the two cases. However, most often there are certain aspects that you need to think through for the different states and laws.
· One of the primary aspects that this law considers is a counselling session before the divorce. It is a mandatory part that the couple goes through this session. There is a special marriage counselling program that they should opt. even when you have decided to separate, the counselling is an essential.
o If divorce is not the only solution, the counsellor will work through it with you. They will help you identify the other unexplored paths and options. They will tell you if there is another possibility for the tough challenges you are facing
o The counsellor will recommend the exact psychological, emotional and practical support for your case. They will understand what you need the most at the moment, and offer it.
o You can share your issues openly with the counsellor. There is a good chance your marriage can survive despite all the issues
o You and your spouse get to spend some unhampered time wherein you get to discuss the things with each other, according to Syariah law firm.
· In case the parties involved decide to reconcile, then you don’t have to go further with the divorce. However, if the parties intend to proceed with the divorce, the lawyer will need to take a different route
· The law firm can help you identify the elements that you need to file a divorce. If you have a child in the marriage, you need to submit a proposed child care plan along with the proposed division of property plan for divorce. You will also need to submit the ID proofs to gain the divorce. The proceedings require certain documents and look for eligibility before proceeding with the same
· In case your children are adults, you need to submit both proposed and agreed upon parenting plans under the Syariah law
· If you want to go ahead with divorce by mutual consent, then you need to seek a date for mediation. The proposed and the agreed plans will be discussed as per the laws with the concerned people. It is important that all people involved and concerned should be present on the said date.
· The agenda should be clear for the mediation. You should have a proposed plan of action and should follow all the pointers mentioned therein
o You should have a complete plan to settle the dispute
o In case you believe that there is a likelihood that the defendant may not act as necessary, then there should be a backup plan
o Finally, you should know the strengths and weaknesses of your case
· Finally, it is important to engage a good Syariah law firm while you are applying for the divorce. If it is a high net worth divorce, there are more complexities involved, which is not possible for the regular person to handle. The law firm will know the nitty-gritties and can propose a plan to battle it.
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