What If Your Spouse Converts to Islam in a Civil Marriage?

What is a conversion divorce?

It is a divorce where one spouse in a civil marriage has converted to Islam and the other has not. Civil marriages fall under the Law Reform (Marriage and Divorce) Act 1976, while Islamic family law applies to Muslims.

Section 51 of the Act deals with this. The spouse who has not converted may petition the civil court for divorce.

The conversion itself does not end the marriage. Until the court grants a divorce, you both remain bound by the marriage.

How does Section 51 work?

You file a petition at the civil High Court. It is based on the fact that your spouse has converted. You do not need to prove any other ground.

Timing rules in Section 51:

• You cannot file until three months after the date of the conversion.
• The usual rule against filing in the first two years of marriage does not apply.

The petition is served on your spouse, who can respond. If the court is satisfied the conversion happened, it can grant the divorce.

This is usually simpler than a contested divorce. Issues about children and property can still be complex.

What happens to the children?

Custody stays with the civil court. When dissolving the marriage, the court can make orders for the support, care and custody of the children.

Under Section 88, the child’s welfare comes first, whatever either parent’s religion. The court also considers the wishes of the parents, and of the child if old enough to give an independent view.

The conversion of children by one parent alone has been a sensitive issue, and the Federal Court has ruled on it in several important cases.

How is property divided?

The same rules apply as in any other divorce under the Act. Section 76 lets the court divide assets acquired during the marriage.

The court looks at both kinds of contribution:

• Direct: money paid towards buying the property.
• Indirect: looking after the home and family, or supporting the other spouse’s career.

Changing religion does not affect either spouse’s right to a share. If you are worried about property division, advice on your position can help.

What should you do now?

Speak to a family lawyer who has handled conversion cases. They can look at your situation and advise on the next step.

Gather your documents:

• your marriage certificate
• proof of the conversion
• papers about the children and property

Once the three months have passed, do not delay without reason. Delay can make custody, maintenance and property issues harder to sort out.

Looking to engage a divorce lawyer? If your spouse has converted and you are unsure when or how to file, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.