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Divorce Lawyer Malaysia
Finding a Divorce Lawyer in Malaysia
Looking for a divorce lawyer in Malaysia to end the marriage legally can be disheartening.
In reality, opting for divorce as the only avenue when a marriage irretrievably breaks down is hard to acknowledge as it involves emotions & memories. It gets harder when the spouses have joint-assets and kids.
Dealing with broken marriage and finding a mid-way to achieve an agreement for the matrimonial assets, maintenance for wife & kids along with the child custody are not easy to deal with. What more when the parties unaware of their legal rights with regards to the above when it comes to divorce proceedings in Malaysia.
There are 2 types of divorce proceedings, namely Divorce by Joint Petition (also known as Divorce by Mutual Consent) and Single Petition Divorce. Opting for a wrong divorce proceedings without getting a proper advice & guide can lead to unexpected delay. Those mistakes can be costly at times too.
We at Chambers of S Sakthi recognises that getting a good solicitor with you during this difficult period is important. You deserve the best but also at the right cost. By employing technology and new age innovative method we are able to make this process less burden for you making the fee affordable. We are committed in giving the best solutions to our clients. We also take the responsibility and go to the extent of negotiating with the counter parties to reach a consensus agreement in a divorce proceedings.
Our mantra is in our believe that every client is unique and has different needs and this is why we tailor a personalized care for you. Call us today for a consultation and get a free quote.
Divorcing your Spouse
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Getting Into the Details of the Divorce Proceedings in a Nutshell
What is Joint Petition Divorce (Divorce by Mutual Agreement)?
This is when both spouses (husband & wife) mutually agrees to apply for divorce together to end their marital contract.
This is also commonly known as Joint Petition since both parties are jointly applying for divorce.
Generally, both parties can decide freely on maintenance to wife & kids, custody & care of kids and division of assets.
What is Single Petition Divorce (Unilateral Divorce Proceedings)?
This is when either one of the spouse wants to apply for divorce on his/her own without other party. There are various reasons for Single Petition divorce application. Most common reasons are adultery, unacceptable behaviour of spouse, and separated for a long time and couldn’t locate the other party.
This is also known as Single Petition as one party initiating it.
S.50 of Law Reform (Marriage & Divorce) Act 1976 says that a petition for a divorce may be done only after 2 years of marriage.
But there are exceptions to this Rule when the Petitioner suffers from ‘exceptional circumstances of hardship’.
Although it is not mandatory for the spouses to stay separately, they are advised to stay separately for more than 2 years.
Especially, for single petition, this will amount towards ‘proof of irretrievable breakdown’ of marriage.
In the case of a joint petition divorce, it takes about 3-6 months. As for single petition divorce, it takes a longer time. The actual time frame is very much depending on the circumstances of the cases starting from 6 months up to 3 years.
Custody - Being Part of Divorce!!!
Who gets the custody of the kids in a divorce proceedings? father or mother? Speak to a Divorce Lawyer Today
When The Issue of Custody Comes into The Picture?
In Malaysia, generally issues related to custody of the kids arises when the spouses wanted to get a divorce, irrespective of a joint petition divorce (also known as divorce by mutual consent) or single petition divorce.
The spouses who opt for joint petition divorce (a.k.a divorce by mutual consent) would have generally made up their mind amicably with regards to the custody of their kids and the respective arrangement to take place after divorce.
In single petition divorce, the spouses would normally contest/fight for the custody of their kids and the Court will ultimately decide the outcome based on following factors:
- Welfare of the child
- Wishes of the parents
- Wishes of the kids if they are capable of independent opinion. (Take note that there is a rebuttable presumption that it is good for a child below seven (7) years old to be with the mother)
When Can I Make a Custody Application?
Anytime, i.e during a divorce proceedings or before initiating it.
Speak to us today to know more and how to go about the custody of your kids irrespective pre, at, or post divorce proceeding. .
“Alimony & Maintenance For The Wife & Kids in A Divorce Proceedings in Malaysia"
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FOR MAINTENANCE & ALIMONY
What is The Basis for a Man/Husband/Father to Pay Alimony & Maintenance for the Wife & Kids?
When a marriage breakdowns irretrievably, the next immediate question that cones in the mind of the wife is where to find a divorce lawyer in Malaysia and how to deal with her survival. In the event there are any kids from the said marriage, then the maintenance of the kid also comes into the picture. There are provisions for the husband to pay maintenance for the wife and the kid in a divorce proceeding. But this is not automatic. It need to be specifically pleaded in the prayers. There should be an understanding between the parties if it is a joint petition divorce on what to pay and the amount etc. In a single petition divorce, the court will decide this based on the circumstances of the case.
As a General Rule, the answer is a YES. S. 77 Law Reform (Marriage & Divorce) Act 1976 provides that the court may order a man to pay maintenance to his ex-wife during court proceedings and after the divorce.
Take note that the court may order the woman to pay maintenance to her ex-husband. ONLY if he is incapable of earning a livelihood by reason of mental/physical injury or ill health.
The court will consider primarily the earning capacity & financial needs of the wife & husband.
The court generally make an order of maintenance in favour if the wife. The amount might be reduced if the wife is employed with reasonable income, as opposed to being a homemaker.
The court also will look at how much the spouses contributed towards the breakdown of the marriage. The wife may get a lower amount of maintenance if the wife had substantially caused the breakdown of the marriage.
Take note that the right to maintenance stops if the spouse is living in adultery or of he/she remarries (S.82 Law Reform (Marriage & Divorce) Act 1976)
S. 92 Law Reform (Marriage & Divorce) Act 1976 places the responsibility of maintaining a child on either parent.
However, it will become the duty of the father to maintain a child (S.93 of the Act), if
- he refused/neglected reasonably to provide for the child
- he deserted his wife & child
- during the determination of a divorce proceedings
- when making or subsequent to making an order to place the child in the custody of another
Take note that the court can award the mother to contribute towards the maintenance of the child if the court is satisfied that the mother is able to do so.
The child maintenance expires once the child attains 18 years old. However, Court may order the father to pay for the child’s tertiary education as per the case of Shantini Pillay a/p Narayanasamy Pillay vs. Kannadasan a/l Narianasamy
The actual monetary amount is assessed based on:
- financial means of the parents
- needs of the child
- lifestyle of the parties during marriage
There is no fixed formula to calculate. Your divorce lawyer from Malaysia will need to assess the above factors & to advice you further.
plan of Action
Asset Division in a Divorce Proceeding in Malaysia!!!
The issue of asset division always give rise when a marriage irretrievably breaks down. At this point, the spouses would want to divide the assets. Sometimes, they achieve the outcome amicably. At times, the court need to come into the picture. This is more often in the case of single petition divorce vs joint petition divorce. The divorce lawyer will be able to guide you based on your requirements on the best outcome for both parties (joint petition) or one party (single petition).
S. 76 Law Reform (Marriage & Divorce) Act 1976 empowers the Malaysian courts to order the division of assets between the spouses acquired during marriage
It is not necessary that the asset splits equally. The principles governing this jointly acquired properties are set out in S.76(2) of Law Reform (Marriage & Divorce) Act 1976:
- the extent of contributions made by each party in money, property or work towards acquiring the assets
- any debts owing by either party which were contracted for their joint benefit
- needs of the minor children, if any, of the marriage
The Court will decide the proportion of the asset division after assessing the above principles on case by case basis.
I bought a Property solely under my name prior to the Marriage. What happens to the Property during Divorce Proceedings?
It depends. If the assets has been substantially improved by the other spouse during the marriage, it can be subjected to the division.
S.76(3) & S.76(4) Law Reform (Marriage & Divorce) Act 1976 deals with this. It says that the Court will take into consideration the extent of contribution made by the party who’s name not on the assets and the needs of the minor children, if any.
The Act is silent on what can constitute as matrimonial assets. But based on case laws, following forms part of matrimonial assets:
- Matrimonial home
- All landed properties acquired during marriage
- Cash in banks/jewels/shares
- Contributions made to the Employee’s Provident Fund (EPF) during marriage
- Insurance policies/ gratuity payments/ employment/ retirement benefits accumulated during marriage
- Assets owned by one spouse before the marriage PROVIDED it has been substantially improved by the other spouse during marriage or by joint efforts
- Gifts from spouse
Note that in certain circumstances, inherited properties will be subjected to the asset division in the event can establish that it has been substantially improved by one spouse or joint efforts.
Workflow in a Divorce Proceedings or other Family Disputes
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Studying the background of your case gives us the privilege of advising & strategising for your case be it for mutual outcome or the other way.
building your case
With the details / information shared with us, we will then start building the frame work for you.
achieving your goals
Getting the papers ready for filing and proceed with the case with the objective of getting the best for you.
we are part of Your Journey all the way through till Legalising everything.
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