What to Do If Your Ex-Spouse Is Not Letting You Visit Your Child

What to Do If Your Ex-Spouse Is Not Letting You Visit Your Child by TYH & Co. Divorce Lawyer Malaysia

Children need a relationship with both parents after divorce. This is because both parents play an important role in their child’s development. Parents provide their children with love, support, and guidance. They also help their children to develop their identity and sense of self.

When children do not have a relationship with one of their parents, they can experience a number of negative consequences. These consequences can include:

  • Feelings of loss and sadness
  • Low self-esteem
  • Behavior problems

The impact of divorce on children

Divorce can be a difficult time for children. They may experience a range of emotions, such as sadness, anger, confusion, and guilt. They may also worry about their future and their relationships with their parents.

It is important to remember that every child experiences divorce differently. Some children may cope well with divorce, while others may struggle. It is important to be patient and understanding with your child during this time.

How visitation rights can help children after divorce

Visitation rights can help children after divorce in a number of ways. They can:

  • Provide children with continued contact with their non-custodial parent
  • Help children to maintain a sense of normalcy
  • Reduce feelings of loss and abandonment
  • Promote emotional well-being
  • Encourage positive relationships with both parents

Tips for parents for maintaining visitation rights

If you are a parent who is going through a divorce, here are some tips for maintaining visitation rights:

  • Be consistent with visitation. Try to stick to the visitation schedule that has been agreed upon by the court or by both parents. This will help your child to feel more secure and stable.
  • Be positive about visitation. Talk to your child about how much you enjoy spending time with them and how important it is to you that they have a relationship with their other parent.
  • Make visitation fun. Plan activities that your child will enjoy and that will help them to bond with their other parent.
  • Be flexible. Things don’t always go according to plan, so be prepared to be flexible with visitation. If something comes up that prevents you from seeing your child on the scheduled day, try to reschedule as soon as possible.
  • Communicate with your child’s other parent. It is important to communicate with your child’s other parent about visitation. This will help to ensure that everyone is on the same page and that your child’s needs are being met.
  • Be patient. It may take some time for your child to adjust to the new visitation schedule. Be patient and understanding with them.

What to do if your ex-spouse is violating your visitation rights (before or after divorce)

  1. Talk to your ex-spouse (or spouse). Try to resolve the issue directly with your ex-spouse (or spouse). If they are willing to cooperate, you can come up with a new visitation schedule that works for both of you.
  2. File an application to the court. If your ex-spouse (or spouse) is unwilling to cooperate, you can file an application to the court for a visitation order. The court will then decide whether to order your ex-spouse to comply with the visitation order.
  3. Get a lawyer. If you need help enforcing your visitation rights, you should get a lawyer. A lawyer can help you to understand your rights and options and can represent you in court if necessary.

Conclusion

Visitation rights are important for children after divorce. They can help children to maintain a relationship with their non-custodial parent, which is essential for their emotional well-being. If you are a parent who is going through a divorce, it is important to be consistent with visitation, be positive about visitation, make visitation fun, be flexible, communicate with your child’s other parent, and be patient. By following these tips, you can help your child to adjust to the changes of divorce and maintain a healthy relationship with both parents.

Get Free Advice & Quote From Our Divorce Lawyer In Less Than 2 Working Hours via WhatsApp

Our divorce lawyer will advice & quote via WhatsApp in less than 2 working hours

Proof of Breakdown of Marriage in Malaysia: What You Need to Know

Proof of Breakdown of Marriage in Malaysia What You Need to Know by TYH & Co. Divorce Lawyer Malaysia

Introduction

Marriage is a sacred institution, but it is not always perfect. Sometimes, couples find that their marriage has broken down beyond repair. If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage.

The Law on Proof of Breakdown of Marriage in Malaysia

The law on proof of breakdown of marriage in Malaysia is set out in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. This section states that the court shall have regard to one or more of the following facts in its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage:

  • That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  • That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  • That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
  • That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

In addition to these four grounds, the court may also consider other factors in determining whether there has been a breakdown of marriage, such as the couple’s financial situation, their ability to raise children together, and their overall relationship.

What You Need to Prove to Get a Divorce in Malaysia

In order to get a divorce in Malaysia, you must prove that your marriage has broken down irretrievably. This means that you must show the court that there is no reasonable prospect of the marriage being saved.

The best way to prove a breakdown of marriage is to provide evidence of one of the four grounds listed in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. For example, you could provide evidence of your spouse’s adultery, their unreasonable behavior, their desertion of you, or your two-year separation.

If you are unable to provide evidence of one of the four grounds, you may still be able to get a divorce if you can show the court that your marriage has broken down irretrievably for other reasons. However, this is a more difficult task, and you will need to provide strong evidence to support your case.

What If Both Parties Agree To The Divorce Terms

In such cases, there is no need to provide any reason or ground for a divorce as long as the divorce terms are mutually agreed and proper arrangements have been made between parties accordingly. This is commonly known as a joint petition for divorce.

Getting Help from a Divorce Lawyer

If you are considering divorce in Malaysia, it is important to get help from a qualified divorce lawyer. A divorce lawyer can help you understand the law on proof of breakdown of marriage and can represent you in court.

A divorce lawyer can also help you negotiate a divorce settlement with your spouse. This settlement will determine issues such as child custody, child support, alimony, and division of matrimonial property.

If you are thinking about getting a divorce, it is important to act quickly. The longer you wait, the more difficult it may be to prove a breakdown of marriage and to get a fair settlement.

Conclusion

If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage. A divorce lawyer can help you understand the law and can represent you in court. It is important to act quickly to get a fair settlement.

Get Free Advice & Quote From Our Divorce Lawyer In Less Than 2 Working Hours Now

Our divorce lawyer will advice and quote via WhatsApp in less than 2 working hours via WhatsApp.

How to Get a Divorce in Malaysia if You Are Overseas As A Malaysian

How to Get a Divorce in Malaysia if You Are Overseas As A Malaysian by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce is never easy, but it is possible for non-Muslim Malaysians to get a divorce overseas. The process is slightly different, but it is still possible.

In this article, we will discuss the steps involved in getting a divorce in Malaysia if you are overseas. We will also provide information on the requirements, and timeline for the process.

We hope this information will be helpful to anyone who is considering getting a divorce in Malaysia while living overseas.

What are the requirements for getting a divorce in Malaysia?

In general, you will need to meet the following requirements:

  • You must be a Malaysian citizen and domiciled in Malaysia.
  • Your marriage must have been registered in Malaysia.
  • You must have been married for at least two (2) years.

How do I file for a divorce in Malaysia if I am overseas?

If you are overseas, you can file for a divorce in Malaysia by contacting a Malaysian divorce lawyer. The lawyer will be able to prepare the necessary paperwork and file the petition on your behalf.

Essentially, your divorce lawyer will advice on whether if you should file for a joint petition or single petition for divorce based on the circumstances of your case.

The divorce petition must be filed in the court of Malaysia.

You can read more about joint petition (uncontested divorce) and single petition (contested divorce) here.

How long does it take to get a divorce in Malaysia?

The divorce process can take between 3-6 months (for joint petition) or more if it is a single petition. The exact length of time will depend on the circumstances of your case.

What happens after I get a divorce in Malaysia?

Once you have been granted a divorce in Malaysia by the Malaysian court, you will be issued a divorce certificate.

Subsequently, you will also need to update your marital status with the Jabatan Pendaftaran Negara (JPN) which is the Malaysian National Registration Department.

If you are a Malaysian citizen living overseas, it is especially important to seek professional help from a divorce lawyer in Malaysia.

A divorce lawyer in Malaysia will be familiar with the divorce procedures, and they can help you navigate the process smoothly and efficiently. They can also represent you in court, if necessary.

Get Free Advice & Quote From Our Divorce Lawyer In Less Than 2 Working Hours via WhatsApp

Our divorce lawyer will advice and quote via WhatsApp or email provided in less than 2 working hours.

Marriage Counselling in Malaysia: A Last Resort Before Divorce

Marriage Counselling in Malaysia A Last Resort Before Divorce by TYH & Co. Divorce Lawyer Malaysia

Marriage is a sacred institution in Malaysia, and divorce is not something that is taken lightly. However, there are times when divorce is the only option for couples who are experiencing irreconcilable differences.

If you are considering divorce, it is encouraged to consider marriage counselling first. Marriage counselling can help couples to improve their communication and problem-solving skills, and it can also help them to resolve their differences and save their marriage.

In Malaysia, marriage counselling is not legally required before filing for mutual divorce (or commonly known as joint petition). However, if you are filing for a single petition divorce, you will need to attend marriage counselling by a certified conciliatory body before you can file your divorce petition.

What is conciliatory body

A conciliatory body is a group of people who are appointed by a religious authority, community, clan, or association to help couples reconcile their differences. It can also be a marriage tribunal under the Jabatan Pendaftaran Negara (JPN) Malaysia.

Why marriage counselling in Malaysia

There are a few reasons why marriage counselling is required before a single petition divorce in Malaysia. First, the law encourages couples to try to reconcile their differences before getting a divorce. Marriage counselling can provide couples with the tools and support they need to work through their problems and save their marriage.

Second, marriage counselling can help to protect the interests of any children involved in the divorce. By attending marriage counselling, couples can come to an agreement about child custody, visitation, and financial support. This can help to ensure that the children are not adversely affected by the divorce.

Finally, marriage counselling can help to reduce the stress and conflict associated with divorce. By working through their problems with a mediator, couples can come to a mutually agreeable solution that is in the best interests of everyone involved.

Benefits of marriage counselling in Malaysia

There are many benefits to marriage counselling in Malaysia. Some of the most common benefits include:

  • Improved communication: Marriage counselling can help couples to learn how to communicate more effectively with each other. This can help to resolve conflict and build a stronger relationship.
  • Better problem-solving skills: Marriage counselling can help couples to learn how to solve problems together. This can help them to manage their finances, raise their children, and deal with other challenges that come up in their marriage.
  • Increased intimacy: Marriage counselling can help couples to reconnect and build intimacy. This can help to improve their sex life and overall relationship satisfaction.
  • Reduced stress and conflict: Marriage counselling can help couples to reduce stress and conflict in their relationship. This can make them happier and healthier individuals, and it can also make their divorce process easier.

Requirements for divorce in Malaysia

In order to get a divorce in Malaysia, you must meet certain requirements. These requirements vary depending on the type of divorce you are seeking.

For a single petition divorce, you must meet the following requirements:

  • You must be married for at least two years.
  • You must have a certificate from the certified conciliatory body stating that you have made every reasonable effort to reconcile with your spouse.

For a joint petition divorce, there is no need to attend any marriage counselling in Malaysia as long as the divorce terms are agreed upon.

If you are considering divorce, you are encouraged to speak to a divorce lawyer to discuss your options and to understand the requirements for divorce in Malaysia.

Conclusion

Marriage counselling can be a valuable tool for couples who are facing marital problems. It can help couples to improve their communication and problem-solving skills, and it can also help them to resolve their differences and save their marriage. If you believe that it is time to move on from the marriage for the betterment of both parties, it is best to seek the right legal advice from a divorce lawyer.

Get Free Advice & Quote From Our Divorce Lawyer via WhatsApp In Less Than 2 Working Hours Now

Our divorce lawyer will advice and quote via WhatsApp in less than 2 working hours.

How to Get a Divorce Within 2 Years of Marriage in Malaysia

How to Get a Divorce Within 2 Years of Marriage in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce is never easy, but it can be especially difficult if you are married for less than two years as a non-Muslims. In Malaysia, there is a general rule that you cannot seek divorce within two years of the date of your marriage. However, there are exceptions to this rule, and you may be able to get a divorce within two years if you can prove that there were exceptional circumstances or hardship suffered in the course of the marriage.

What is considered “exceptional circumstances or hardship”?

The law does not define what constitutes “exceptional circumstances or hardship”. However, the courts have interpreted this to mean circumstances that are so serious that they make it impossible for the marriage to continue. Some examples of exceptional circumstances or hardship that may be considered grounds for divorce within two years include:

  • Domestic violence;
  • Physical or mental abuse;
  • Adultery;
  • Desertion; and others.

It is important to note that the courts will also consider the interests of any child born into the marriage when deciding whether to grant a divorce within two years. If there are young children involved, the courts will be reluctant to grant a divorce unless they are satisfied that the divorce is in the best interests of the children.

How to file for divorce within two years of marriage

1. If you believe that you have grounds for divorce within two years of marriage, you will need to be represented by a lawyer, and you will need to provide the court with evidence of the exceptional circumstances or hardship that you have suffered.

2. The court will then consider your application based on the ground submitted. If the application is allowed, then you may only file your divorce petition subsequently.

What happens if my spouse does not agree to the divorce?

If your spouse does not agree to the divorce, you will need to file a contested divorce petition. This means that you will need to go to court and your divorce lawyer will argue your case in the court. The court will then decide whether to grant you a divorce.

It is important to note that it is more difficult to get a divorce if your spouse does not agree to it.  However, if you can prove that the marriage has irretrievably broken down, the judge may grant you a divorce.

Getting a divorce within two years of marriage can be a difficult and emotional process. However, if you have grounds for divorce and you are determined to end your marriage, you should be able to get a divorce within two years. It is important to seek legal advice from a qualified divorce lawyer who can help you with the divorce process and ensure that your rights are protected.

Get Free Advice & Quote From Our Divorce Lawyer In Less Than 2 Working Hours Now

Our divorce lawyer will advice and quote via WhatsApp in less than 2 working hours.

The Best Way to Get Child Custody in Malaysia

The Best Way to Get Child Custody in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Child custody is one of the most important issues that parents must address when they divorce for non-Muslims.

In Malaysia, the law states that the welfare of the child is the paramount consideration in determining custody. This means that the court will look at what is in the best welfare for the child and also a number of factors to determine which parent is best suited to care for the child, including the child’s age, needs, and wishes.

There are two main types of child custody in Malaysia:

  • Joint custody: This means that both parents share equal responsibility for the child’s upbringing. This can include sharing decision-making authority, such as where the child will live and what school they will attend, as well as sharing physical custody, such as spending equal amounts of time with the child.
  • Sole custody: This means that one parent has sole responsibility for the child’s upbringing. This parent will have the final say on all decisions regarding the child, and the other parent will only have visitation rights.

The best way to get child custody in Malaysia is to reach an agreement with your spouse. This can be done through mediation or negotiation. If you are unable to reach an agreement, either party may file a custody application to the court and the court will decide who should have custody.

Here are some tips on how to get child custody in Malaysia:

  • Gather evidence: Gather evidence that shows that you are the best parent for your child. This could include things like medical records, school reports, and letters from friends and family members who can attest to your parenting skills. Other than that, it is also helpful if you can provide evidence to show that the other parent is unfit to take care of your child such as proofs of drug addiction, violence etc.
  • Hire a lawyer: It is important to hire a lawyer who is experienced in child custody cases. Your lawyer can help you gather evidence, negotiate with your ex-spouse, and represent you in court.
  • Be prepared to compromise: It is unlikely that you will get everything you want in a child custody case. Be prepared to compromise with your spouse in order to reach an agreement that is in the best interests of your child.
  • Be patient: The process of getting child custody can be long and frustrating. Be patient and persistent, and you will eventually achieve your goal. Remember that the ultimate goal is to achieve what is the best for the child.

Here are some additional things to keep in mind when seeking child custody in Malaysia:

  • The age of the child: The older the child, the more likely the court will take their wishes into account if he/she can give independent opinion.
  • The child’s needs: The court will consider the child’s physical, emotional, and educational needs when making a custody decision.
  • The parents’ parenting skills: The court will consider the parents’ ability to provide a safe and stable home for the child.
  • The parents’ relationship with the child: The court will consider the parents’ relationship with the child and how well they communicate with each other.

If you are seeking child custody in Malaysia, it is important to be aware of the law and your rights. You should also be prepared to gather evidence, hire a lawyer, and be patient. By following these tips, you can increase your chances of getting the custody arrangement that is best for your child.

Conclusion

Getting child custody in Malaysia can be a complex and challenging process. However, by following the tips in this article, you can increase your chances of achieving your goal. Remember, the welfare and best interests of the child are always the paramount consideration.

Get Free Advice & Quote From Our Divorce Lawyer via WhatsApp In Less Than 2 Working Hours Now

Our divorce lawyer will advice and quote via WhatsApp in less than 2 working hours.

What to Do If You Receive a Divorce Petition in Malaysia

What to Do If You Receive a Divorce Petition in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Receiving a divorce petition can be a very stressful and emotional experience. It is important to remember that you are not alone, and there are steps you can take to protect your rights and interests.

In Malaysia, divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (Act 164). The Act provides that a divorce may be granted on the ground that the marriage has irretrievably broken down.

If you receive a divorce petition, you will need to file a response AS SOON AS POSSIBLE. In your response, you can either contest the petition or agree to the divorce. Either way, it is advisable to appoint a lawyer to ensure that your rights are protected.

  1. If you agree to the divorce, the court will then proceed to make a decree nisi. This is a preliminary decree that will become absolute after three months. Once the decree nisi is made absolute, the marriage will be dissolved.
  2. If you decide to contest the divorce, then your lawyer may need to get details such as reason for breakdown of the marriage, what you wish to claim for and defend your matter appropriately.

There are a number of things you should do if you receive a divorce petition:

  • Consult with a lawyer. A lawyer can advise you of your rights and responsibilities under the law, and help you to prepare your response to the petition.
  • Gather evidence. If you are contesting the petition, you will need to gather evidence to show that the marriage has not irretrievably broken down. This evidence could include things like letters, emails, or photographs that show that the spouses are still living together as husband and wife.
  • Consider mediation. Mediation is a process where the spouses meet with a neutral third party to try to reach an agreement on the terms of the divorce. Mediation can be a helpful way to resolve disputes quickly and amicably.
  • Seek support. Divorce can be a very difficult time, and it is important to seek support from friends, family, or a therapist. There are also a number of support groups available for people going through divorce.

If you are facing a divorce, it is important to remember that you are not alone. By taking steps to protect your rights and interests, you can help to ensure that the divorce process is as smooth and equitable as possible.

In addition to the above, here are some other things you should keep in mind if you receive a divorce petition in Malaysia:

  • If you have children, the court will make orders for custody, access, and maintenance. The court will always consider the best interests of the child when making these orders.
  • The court will also make orders for property division, spousal maintenance, debt repayment (if any) and others.
  • The divorce process can take several months or even years to complete. It is important to be patient and to work with your lawyer to ensure that your case is handled properly.

Divorce can be a very difficult time but if you appoint the right divorce lawyer and take steps to protect your rights and interests, the divorce process will be as smooth and equitable as possible.

Get Free Advice & Quote From Our Divorce Lawyer In Less Than 2 Working Hours Now

Our divorce lawyer will advice and quote in less than 2 working hours via WhatsApp.

What to Expect During a Divorce in Malaysia

What to Expect During a Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Going through a divorce is a difficult and emotional time. It can be a complex and lengthy process, and there are many factors to consider. If you are going through a divorce in Malaysia as a non-Muslim, it is important to understand what to expect.

The Legal Process of Divorce in Malaysia

The legal process of divorce in Malaysia can be divided into 3 phases:

  • The petition phase is when one spouse files a petition for divorce with the High Court. The petition must include certain information, such as the grounds for divorce, the names of any children, terms you want to apply for and others.
  • The hearing/trial phase is when the court hears both parties and their respective claims/evidences.
  • The dissolution phase is when the court grants the divorce after hearing from both parties.

Your Rights During a Divorce in Malaysia

As a spouse going through a divorce in Malaysia, you have certain rights. These rights include:

  • The right to be represented by a lawyer
  • The right to be heard by the court
  • The right to a fair and equitable settlement

How to Negotiate a Fair Settlement in a Divorce

If you are able to reach an agreement with your spouse on the terms of your divorce, you can avoid going to court and litigate. This is known as a “settlement”. A settlement can be reached through mediation or through negotiations between the parties through respective lawyers.

The Importance of Mediation in a Divorce

Mediation is a process where you and your spouse try to reach an agreement on the terms of your divorce. Mediation can be a helpful way to resolve your differences without going to court and litigate.

The Benefits of Getting a Specialized Divorce Law Firm in Malaysia

If you are going through a divorce in Malaysia, it is important to get legal advice from a specialized divorce law firm. A specialized divorce law firm can help you understand your rights and options, and they can represent you in court if necessary.

Here are some of the benefits of getting a specialized divorce law firm in Malaysia:

  • Experience: A specialized divorce law firm will have experience handling divorce cases in Malaysia. They will know the law and the procedures, and they will be able to advise you on your best course of action.
  • Expertise: A specialized divorce law firm will have expertise in all aspects of divorce law, including child custody, property division, and alimony. They will be able to help you protect your rights and interests.
  • Representation: A specialized divorce law firm will represent you in court if necessary. They will fight for your rights and interests, and they will help you get the best possible outcome for your case.

Conclusion

Going through a divorce is a difficult and emotional time, but it doesn’t have to be overwhelming. By following these tips, you can find a specialized divorce law firm in Malaysia who can help you through the process and protect your rights.

Get Free Legal Advice & Quote From Our Divorce Lawyer Now

Our divorce lawyer will provide legal advice and quote via WhatsApp in less than 2 working hours.

The Rights of Men in a Non-Muslim Divorce in Malaysia

The Rights of Men in a Non-Muslim Divorce in Malaysia by TYH & Co. DIvorce Lawyer Malaysia

Divorce is a difficult and complex process for anyone, regardless of gender. However, for men in non-Muslim divorces in Malaysia, there are a number of specific rights and considerations that they should be aware of.

This article will provide an overview of the rights of men in non-Muslim divorce in Malaysia. It will discuss the procedures for obtaining a divorce, custody rights, and the financial and property rights of men after divorce.

Procedure for Obtaining a Divorce

A man who wants to divorce his wife in Malaysia must file a petition for divorce in the Court. The petition must set out the grounds for divorce and the divorce terms that the man is seeking.

Parties must go through a marriage counselling with the JPN in Malaysia and make attempt for reconciliation before any party can start a divorce process under the law. If the parties cannot be reconciled, then the Court will proceed to hear the petition based on the grounds for divorce.

The judge will decide whether to grant the divorce and, if so, what financial, custody and property arrangements should be made.

Alternatively, both parties can file for a joint petition for divorce if the divorce terms are agreed upon to save time and cost for divorce in Malaysia.

Custody, Maintenance and Property Rights

Custody

For custody, it is clear that the custody of children shall be given to the mother if the children are below the age of 7 unless if it is proven that the mother is unfit. That said, the father may still get access or visitation rights. In cases where the age of children are above 7, the court’s primary consideration is based on the interest and welfare of children.

Maintenance

A man is also entitled to maintenance from his wife, under limited circumstances, if he is unable to support himself due to physical or mental disability . The amount of maintenance that he is entitled to will depend on his needs and the resources of his wife.

Property

After divorce, a man is entitled to a share of the matrimonial assets. The share that he is entitled to will depend on a number of factors, including the length of the marriage, the contributions that he made to acquire the assets as well as contributions to the marriage.

Conclusion

The rights of men in non-Muslim divorce in Malaysia are protected by the Law Reform (Marriage & Divorce) Act 1976. Men are entitled to a divorce on the same grounds as women, and they are also entitled to a share of the matrimonial assets and maintenance from their wives (under limited circumstances as mentioned above).

However, it is important to note that the law is complex, and there are a number of factors that can affect the outcome of a divorce case. If you are considering divorce as a men, it is important to seek legal advice to ensure that your rights are protected.

Get Free Legal Advice & Quote From Our Divorce Lawyer Now

Our divorce lawyer will advice and quote you via WhatsApp in less than 2 working hours.

Woman’s Rights in a Non-Muslim Divorce in Malaysia

Woman's Rights in a Non-Muslim Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult experience and it can be especially challenging for women. In Malaysia, women who are not Muslims have a number of legal rights in a divorce, but they may not be aware of them. This article will discuss the legal rights of women in non-Muslim divorces in Malaysia.

Right to Divorce

Both men and women have the right to divorce in Malaysia. The process of divorce is initiated by either party or jointly through a court process. The court will consider a number of factors before granting a divorce, such as the length of the marriage, the reasons for the breakdown of the marriage, and the welfare of any children involved.

Right to Maintenance

After a divorce, a woman is entitled to maintenance from her husband. This maintenance is known as alimony. Alimony is intended to provide the woman with financial support for her basic needs, such as food, clothing, and shelter.

The amount of alimony that a woman is entitled to will depend on a number of factors, such as the length of the marriage, the husband’s income, the woman’s own financial resources and the lifestyle enjoyed by the woman during the marriage.

Right to Child Custody

After a divorce, the parents will need to decide who will have custody of their children. The court will consider a number of factors when making this decision, such as the wishes of the children, the parents’ ability to care for the children, and the best interests of the children.

In general, the court will prefer to give custody of the children to the mother in the children are below the age of 7. However, the court may order that the father have custody of the children if the mother is unfit to care for them.

Right to Child Support

After a divorce, the father is responsible for paying child support to the mother. Child support is intended to provide financial support for the children’s basic needs, such as food, clothing, education, medical needs and shelter.

The amount of child support that a father is required to pay will depend on a number of factors, such as the father’s income, the number of children, and the children’s needs.

Right to Protection from Domestic Violence

Women in Malaysia are also protected from domestic violence. Domestic violence can happen to anyone at anytime and it is very important for women to seek for protection from their spouse through protection order or an injunction.

If a woman is experiencing domestic violence, she can seek help from the police, the Women’s Aid Organisation (WAO), or other social service agencies.

Additional Information for Non-Muslim Divorce in Malaysia

  • The process of divorce for non-Muslims in Malaysia is relatively straightforward. Either one or both parties must file a petition for divorce with the court. The court will then hold a hearing to determine whether or not to grant the divorce.
  • If the court grants the divorce, the court will also make orders regarding child custody, child support, alimony and division of property.
  • The court will always consider the best interests of the children when making these orders.
  • If you are a non-Muslim woman who is going through a divorce, it is important to seek legal advice from an experienced lawyer. A lawyer can help you understand your rights and options and can represent you in court.

Conclusion

Women in Malaysia who are not Muslims have a number of legal rights in a divorce. If you are a woman who is going through a divorce, it is important to know your rights and to seek help if you need it.

Get Free Legal Advice & Quote From Our Divorce Lawyer In Malaysia Now

Our divorce lawyer will provide free legal advice and send quote via WhatsApp in less than 2 working hours.
× Get Free Divorce Consultation Now