RECONCILIATION AND MARRIAGE TRIBUNAL

FEM 4123

RECONCILIATION

Steps at reconciliation must be taken by the parties to a marriage.S. 55(1) Law Reform (Marriage & Divorce) 1976 : before presentation of a petition for divorce, the petitioner should have recourse to the assistance and advice of such persons or bodies…for the purpose of effecting reconciliation.

CONTINUES. 55(2): if there is reasonable possibility of a reconciliation, the court may adjourn the proceedings for such period as it deems fit to enable attempts for reconciliation.S. 57(2): every divorce petition must clearly state that steps had been taken to effect reconciliation.S. 106 exempts this requirement for divorce under ss. 51 (conversion to Islam) and 52 (mutual consent).

SAMBUNGANS. 106(1) other exemptions:

1. Petitioner has been deserted.2. Respondent residing abroad.3. Respondent failed to attend reconciliation.4. Respondent is imprisoned for a term of 5

yrs or more.5. Respondent suffering from incurable

mental illness.6. Court satisfied that reference to

conciliatory body impracticable.

CONCILIATORY BODYA council set up for the purpose of reconciliation by the appropriate authority of any religion, community, clan or association.A Marriage Tribunal – a unit in the Department of National Registry.Any other body approved by the Minister in charged of the registration of marriages. If conciliatory body failed to reconcile the parties – refer to Marriage Tribunal for the area in which the parties reside.If parties are living in different area – the Marriage Tribunal for the area they last reside together.

CONTINUEThe conciliatory is given 6 months to resolve the matrimonial difficulty.Parties cannot be represented by lawyers.Family members may represent the parties. Any other person must get the leave from conciliatory body to represent parties.Fail to reconcile: issue certificate to the effect. May append recommendation regarding to maintenance, division of matrimonial property and custody of infant children, if any.

PROBLEMS AND DIFFICULTIES FACED BY CONCILIATORY BODY

Familial ties – parties seek help from family members.Failed: consult lawyer who will advise on procedures, requirements, implications relevant to divorce proceeding.Decision to go ahead with petition for divorce – signals the absence of any likelihood of reconciliation.So, reference to conciliatory is a waste of time and resources.

WEAKNESSES OF MARRIAGE TRIBUNAL

The members of conciliatory are strangers – parties hesitant to disclose private details of their marriage. Presumption of bias, judgmental, unhelpful, prejudice, impartial.Frequent postponements of hearing due to difficulty in securing attendance of all members on the appointed dates.Delay aggravate tense and unfortunate situation of the parties.

CONTINUEThe members of conciliatory body are not experts on the issues. – unable to perform duty efficiently.Appointment of member to the Marriage Tribunal is not permanent – could not make decision because members are transferred to other department.Attendance to conciliation process in not compulsory.Lack of coordination, standardization and direction (Nora, 2005).