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FAQ - Ancillary Matters

Issues relating to Ancillary Matters

This Order is usually used as the last resort, which means that the Court will sentence the Defendant to a term of imprisonment. Such order is usually not beneficial to the wife, ex-wife or children because if the husband or father is in prison, he is unable to earn any income.

The husband's or father's personal property is seized and will be sold to pay for arrears of maintenance.

It means the husband's or father's employer is ordered to keep a part of his salary to pay for the maintenance. If he leaves his employment, a new order has to be obtained against his new employer.

The Court may order the following:-
  • attachment of earnings order
  • writ of seizure & sale
  • imprisonment

You have to apply to Court to enforce the Order.

Yes, the Court may vary, rescind or suspend the Order if :-
  • it was made based on a misrepresentation or a mistake; or

  • there has been a material change in the circumstances after the Order was made

They are:-

  • Maintenance of ex-wife
  • Custody of children
  • Maintenance of children
  • Division of assets and
    properties

During the subsistence of a marriage, the husband has an obligation to maintain his wife and children.