Section 59
Section 59
(1)
The Court shall have the power, when permitting the pronouncement of talaq or when making an order of divorce, to order any assets acquired by the parties during the marriage by their joint efforts to be divided between them or any such assets to be sold and the proceeds of any such sale to be divided between the parties.
(2)
In exercising the power conferred by subsection (1), the Court shall have regard to —
(a)
the extent of the contributions made by each party by way of money, property or labour towards acquiring the assets;
(b)
any debts owed by either party that were contracted for their joint benefit;
(c)
the needs of any minor children of the marriage, and subject to those considerations, the Court shall order equal division.
Islamic Family Law 46
(3)
The Court shall have the power, when permitting the pronouncement of talaq or when making an order of divorce, to order any assets acquired during the marriage by the sole efforts of one party to the marriage to be divided between them or any such assets to be sold and the proceeds of any such sale to be divided between the parties.
(4)
In exercising the power conferred by subsection (3), the Court shall have regard to —
(a)
the extent of the contributions made by the party who did not acquire the assets, to the welfare of the family by looking after the home or family;
(b)
the needs of any minor children of the marriage, and subject to those considerations, the Court may divide the assets or the proceeds of sale in such proportions that the Court thinks reasonable, but in any case the party by whose efforts the assets were acquired shall receive a greater proportion.
(5)
For the purposes of this section, references to assets acquired during a marriage include assets owned before the marriage by one party that have been substantially improved during the marriage by the other party or by their joint efforts.
Application for order relating to division of harta sepencarian.