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Amendments to marriage and divorce laws the way forward

COMMENT | Amendments to the Law Reform (Marriage and Divorce) Act 1976, as a way forward in resolving some of the issues pertaining to marriages and divorce when one partner in a marriage converts to Islam, has been considered and discussed for the past few years.

Recently we revisited these issues and after lengthy discussions, came up with a list of amendments which we felt could assist resolving many of the problems associated with such marriages.

There were some areas of the amended act which did not get the agreement of the attorney-general because the Attorney-General's Chambers felt it was not consistent with provisions of the Federal Constitution and some decided legal decisions in the upper courts of the country.

This created an impasse, whereby passing the entire amendment came to a standstill.

Amendments are being proposed to many different sections of the act which collectively will help resolve many of the issues faced by such marriages...

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