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Judicial Separation

Judicial separation is NOT DIVORCE. It is a form of separation where parties could not stay in a marriage under one roof, but maintains the relationship status quo of legally married. 

Following are the grounds for Judicial Separation: 

The effects of judicial separation are that the parties are no longer required to live together, and it can be used as a ground to proceed with divorce in Malaysia in the future. 

  • If the wife dies intestate (without leaving a Will), her properties will be distributed as if her husband is dead.

  • If the husband dies intestate (without leaving a Will), the wife would be able to claim his estate (assets & properties)
  • No. The marriage is till valid. The only difference is that the parties are staying separately. 

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