Justice Evrol Mariette Peters said the wife, identified as HLC, voluntarily entered into the accord with her husband, anonymised as PTL, in August 1997, a month after their union.She said such agreements between non-Muslim spouses hold statutory recognition under Section 56 of the Law Reform Act 1976.
However, Peters rejected the wife’s plea of ignorance, noting that she had signed the agreement in the presence of witnesses and initialled every page.The facts of the case revealed that at the time of their marriage, the wife was already mother to a two-year-old child from her previous marriage. She subsequently had five children with her husband, the respondent.
Meanwhile, the husband cross-petitioned specifically for monetary claims under a marital agreement and the return of money and jewellery.The judge also said the wife was not entitled to rely on Section 54 of the 1976 Act to cite adultery as the cause of the breakdown of their marriage as she had tolerated the husband’s infidelity.
“In my view, the marriage had run its natural course. It seems clear that the petitioner initially viewed the union as a means of ensuring financial stability for herself and . Describing the respondent as an “absentee father”, the judge said: “It was my conclusion, therefore, that while neither adultery nor abuse was proved, both parties bore equal responsibility for the irretrievable breakdown of their marriage.”
The judge also made orders distributing the couple’s matrimonial assets including immovable properties, vehicles, money, and shares in companies.
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