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How to Reclaim Visitation Rights After Divorce in Malaysia

December 15, 2023July 14, 2024 by adminin BlogsLeave a Comment

How to Reclaim Visitation Rights After Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Imagine this: the divorce papers are signed, but your heart aches for your child. Your ex-spouse, for whatever reason, has slammed the door on your visits. You’re left wondering, “Can I still see my kid after the divorce?”

The good news is YES! You have rights as a parent (or usually the father in these cases) in Malaysia, even if you don’t have the legal custody of your child.

Why Can’t I See My Child?

There are many reasons why your ex might be denying you visitation. Maybe you are not paying the children’s maintenance on time. Maybe she thinks you’re a bad influence, or maybe the anger from the divorce. Whatever the reason, remember that your child’s well-being comes first.

What Are My Rights to Visit My Children?

Even if you do not have legal custody of your children, you are still entitled to have access or visit your children after the divorce.

That said, it is important to note that the Court may deny your access in very extreme circumstances, for example, if you are a bad influence such as a drug user/addict or having violent behaviour.

If this is not the case, you can always fight for your rights to have access to your children.

The Court will always uphold that visitation of parent is the children’s basic right.

How Can I Get Visitation Rights Back?

There are 2 main ways to get back your visitation rights:

Talk it out: If things aren’t too bad, you and your ex-spouse might be able to work things out on your own. Try talking to her calmly and respectfully about setting up a visitation schedule.
Get a lawyer: If talking doesn’t work, or if things are too heated, it’s time to get legal help. A lawyer can file the necessary application to the court to enable you to visit your children again.

Remember, you’re not alone! Many parents (especially fathers) in Malaysia have gone through what you’re going through.

Getting back your visitation rights can take time and effort, but it’s worth it. Your child needs and deserves a relationship with both parents. So, take that first step and fight for those parent-child moments before it is too late.

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Exploring Divorce in Malaysia: A Guide to Joint and Single Petitions

December 12, 2023 by adminin BlogsLeave a Comment

Exploring Divorce in Malaysia A Guide to Joint and Single Petitions for Non-Muslims by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

Divorce can be a difficult decision and the legal process can be complex process for for non-Muslims in Malaysia.

Understanding the differences between a joint petition and a single petition can ease the process and help you choose the best option for your situation.

When to Choose a Joint Petition:

A joint petition is a faster and less expensive option when both spouses mutually agree to the divorce and all its terms. This includes:

Custody and visitation arrangements for children: This includes who will have physical custody of the children and how the other parent will maintain contact with them.
Division of matrimonial assets: This refers to the fair distribution of all assets acquired during the marriage, including property, investments, and debts.
Maintenance for spouse and children: This involves financial support for the spouse who needs it and for any children of the marriage.

Benefits of Joint Petition:

Faster divorce process: With both parties in agreement, the court proceedings are generally smoother and quicker, often concluding within a few months.
Reduced cost: Legal fees and court costs are lower compared to a single petition due to the simpler proceedings.
Reduced stress and conflict: Agreeing beforehand minimizes the emotional strain and potential conflict during the divorce process.
Avoiding mandatory counselling: Unlike single petitions, couples opting for joint petitions are exempt from attending mandatory counselling sessions at the National Registration Department (JPN).

Procedure for Joint Petition:

Consult a lawyer: Both spouses may appoint 1 lawyer jointly or consult with separate lawyers to ensure their individual rights are protected and to receive legal advice.
Negotiate terms: Agreement must be reached on all aspects of the divorce, including child custody, asset division, and maintenance.
Prepare petition: Lawyers will prepare a joint petition outlining the agreed terms and submit it to the Court in Malaysia.
Court hearing: Both spouses need to attend a court hearing, where the judge will review the petition and ensure it complies with legal requirements.
Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

When to Choose a Single Petition:

A single petition is necessary when:

One spouse does not agree to the divorce.
There is disagreement on any of the terms of the divorce.
You have attempted reconciliation but it failed.
Your spouse deserted you and cannot be located/found.

Procedure for Single Petition:

Consult a lawyer: Discuss your situation with a lawyer who will advise you on the legal grounds for divorce and the available options.
Refer to Marriage Tribunal: You must first attend counselling sessions at the JPN’s Marriage Tribunal in an attempt to reconcile under the law.
Obtain certificate: If reconciliation fails, the Marriage Tribunal will issue a certificate, which is mandatory for filing a single petition.
File petition: The lawyer will file a single petition in the High Court, outlining the grounds for divorce and the requested terms.
Court hearing: Both spouses need to attend court hearings, where evidence is presented and arguments are heard.
Judge’s decision: The judge will decide whether to grant the divorce and may modify any of the proposed terms after hearing from both parties.
Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

Benefits of Single Petition:

No need for consent of both parties: You can still file for a divorce even if your spouse doesn’t agree to the divorce or cannot be found.
Protects your rights: Filing a single petition ensures that your legal rights are protected even when your spouse disagrees.
Addresses specific issues: The single petition allows you to present your specific concerns and seek a favorable judgment.
Provides legal recourse: If your spouse refuses to cooperate, the court can enforce its orders and ensure a fair outcome.

Which one should I choose?

The best option for you will depend on your specific circumstances and the level of agreement you have with your spouse. Consider consulting with a divorce lawyer to understand the legal implications of each option and make an informed decision.

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Remarriage After Divorce in Malaysia

October 18, 2023October 18, 2023 by adminin BlogsLeave a Comment

You just got a divorce. And you moved on. Now you found a new love in life. Are you looking to remarry after divorce in Malaysia?

Can I remarry after divorce in Malaysia?

Yes, you can remarry after divorce in Malaysia as a non-Muslim.

How long do I have to wait to remarry after divorce in Malaysia?

For non-Muslims, the waiting period is 3 months after the court granted the decree nisi and you have obtained your divorce certificate issued by the court. This is also known as the ‘Sijil Menjadikan Dekri Nisi Mutlak’ or Certificate of Decree Nisi To Be Made Absolute.

Once the divorce certificate is issued, you are legally free to remarry anytime.

What do I need to do if I wish to divorce my current spouse and remarry again?

You can only remarry after you divorce your current spouse. Do take note that you may land yourself in trouble if you have an affair during the span of your marriage. Therefore, it is only right for you to get into a new relationship after you get a divorce from your current spouse.

In conclusion, remarriage after divorce among non-Muslims in Malaysia represents a beacon of hope and a second chance at love and happiness. If you are considering remarriage after divorce in Malaysia, it is important to seek legal and professional advice to ensure that your rights are protected and that you are making the best decisions for yourself and your family.

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How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims?

October 17, 2023October 17, 2023 by adminin BlogsLeave a Comment

How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce as a non-Muslims in Malaysia can be a complex and time-consuming process. The length of time it takes to get divorced will vary depending on a number of factors, including the type of divorce you are seeking, the complexity of your case, and the cooperation of your spouse.

Types of Divorce in Malaysia

There are two main types of divorce in Malaysia: contested and uncontested. A contested divorce is one in which the spouses cannot agree on the terms of the divorce, such as child custody, alimony, or the division of property. An uncontested divorce is one in which the spouses have agreed on all of the terms of the divorce.

Uncontested Divorce (or Joint Petition)

If you and your spouse are able to agree on all of the terms of your divorce, you can file for an uncontested divorce or commonly known as a joint petition. This is the fastest and simplest way to get a divorce in Malaysia.

To file for an uncontested divorce, you and your spouse must sign the divorce papers prepared by your divorce lawyer and file it with the court.

At the hearing, the judge will review the divorce terms and confirm all of the agreed terms. If the judge is satisfied that you and your spouse are in agreement, the court will grant the divorce.

Generally, a joint petition for divorce will take less than 3 months from the start of the process until the court hearing date.

Contested Divorce (or Single Petition)

If you and your spouse cannot agree on the terms of your divorce, you will need to file for a contested divorce. Contested divorces are more complex and time-consuming than uncontested divorces.

To file for a contested divorce, you must first file a single petition for divorce with the court. The petition for divorce must state the grounds for the divorce.

Your spouse will then be allowed to reply to the petition and defend him or herself accordingly.

During the hearing/trial, the court will then assess the case after hearing from both parties before making a decision. The court may even direct parties to go for a mediation in order to settle the case amicably.

In the event if grounds for divorce are met, the court will grant a divorce order.

A single petition for divorce will take around 6 to 9 months to complete. However, this will go beyond 9 months if the case is complex.

Tips for Expediting Your Divorce

If you are seeking a divorce in Malaysia, there are a few things you can do to expedite the process:

If possible, try to reach an agreement with your spouse on the terms of your divorce before filing for divorce. This will make the divorce process much faster, simpler and cheaper.
Be cooperative with your spouse and the court. This will help to avoid delays in the divorce process.

The length of time it takes to get a divorce in Malaysia will vary depending on a number of factors. However, there are a few things you can do to expedite the process. By following the tips above, you can increase your chances of getting a divorce quickly and efficiently.

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How to Calculate Alimony and Child Support in a Divorce in Malaysia

October 10, 2023 by adminin BlogsLeave a Comment

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce for non-Muslims.

Alimony, also known as spousal support, is money that one spouse pays to the other spouse to help them maintain their standard of living after the divorce.

Child support is money that one parent pays to the other parent to help support their children financially.

In Malaysia, alimony and child support are calculated based on a number of factors, including the needs of the spouse or child, the income of the paying spouse, and the length of the marriage.

How to Calculate Alimony

To calculate alimony, the court will first consider the needs of the spouse seeking alimony. This includes their basic living expenses, such as housing, food, and transportation, as well as any special needs they may have, such as medical expenses.

The court will then apply a number of factors to determine the amount of alimony to be paid. These factors include:

The length of the marriage
The age and health of the spouse seeking alimony
The standard of living that the couple enjoyed during the marriage
The earning capacity of the spouse seeking alimony
The ability of the paying spouse to pay alimony
The contribution of each spouse to the marriage
The degree of responsibility which each party has for the breakdown of the marriage.

How to Calculate Child Support

To calculate child support, the court will first consider the needs of the child. This includes their basic living expenses, such as housing, food, and clothing, as well as any special needs they may have, such as medical expenses or childcare costs. The court will also consider the income of both parents and their ability to pay child support.

The court will then apply a number of factors to determine the amount of child support to be paid. These factors include:

The number of children
The age of the children
The standard of living that the children enjoyed during the marriage
The earning capacity of each parent
The ability of each parent to pay child support
The contribution of each parent to the care of the children

Conclusion

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce. It is important to understand that there is no fixed formula to calculate the amount payable. Therefore, it is best to speak with an experienced divorce lawyer to discuss your case since all cases are different.

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What You Can Do If You Don’t Want To Get a Divorce in Malaysia

October 6, 2023October 6, 2023 by adminin BlogsLeave a Comment

What You Can Do If You Don't Want To Get a Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult decision for anyone to make. If you are in a non-Muslim marriage in Malaysia and you don’t want to get a divorce, there are a few things you can do if your spouse has initiated the divorce process.

First, it is important to understand the laws governing divorce in Malaysia. Non-Muslim marriages in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. This Act sets out the grounds for divorce, the procedures for obtaining a divorce, and the financial consequences of divorce.

The grounds for divorce in Malaysia are:

Adultery
Unreasonable behavior
Desertion for two years or more
Separation of parties for more than two years

If you want to get a divorce, you must file a petition for divorce with the High Court. The petition must state the grounds for divorce and the evidence you have to support your claim. Once the petition is filed, the court will schedule a hearing. At the hearing, both you and your spouse will have the opportunity to present each of your case to the court.

If the judge is satisfied that the grounds for divorce have been met, the court will grant the divorce. The divorce decree will set out the terms of the divorce, such as who will get custody of the children and how the matrimonial assets will be divided.

If you don’t want to get a divorce, you can try to reconcile with your spouse. This may involve seeking counseling or mediation. If you are able to reconcile with your spouse, the petitioner may withdraw the divorce petition.

If you are unable to reconcile with your spouse and you don’t want to get a divorce, you can try to defend the divorce petition. This means that you will have to present evidence to the court to show that the grounds for divorce have not been met.

Here are some additional things you can do if you don’t want to get a divorce in Malaysia:

Talk to your spouse. Communication is key and it is essential for parties to communicate effectively to reach an agreement to reconcile.
Seek counseling. A therapist can help you and your spouse to communicate better and resolve your differences.

If you are unable to prevent your spouse from obtaining a divorce, you can try to negotiate the terms of the divorce with them. This may involve negotiating custody of the children, alimony, and the division of matrimonial assets.

If you are unable to negotiate the terms of the divorce with your spouse, the court will decide the terms accordingly based on the law. The court will take into account a number of factors when making its decision, such as the length of the marriage, the financial needs of both spouses, and the best interests of any children involved.

The most important thing is to talk to your spouse. Tell them that you don’t want to get a divorce and that you are willing to work on the marriage. If you are both willing to put in the effort, you may be able to reconcile your differences and save your marriage.

If you are unable to reconcile with your spouse, you may need to seek professional help. No matter what you decide, remember that you are not alone and seek for right legal support during this difficult time.

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How to Protect Your Assets in a Non-Muslim Divorce in Malaysia

October 6, 2023 by adminin BlogsLeave a Comment

How to Protect Your Assets in a Non-Muslim Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a difficult and emotional experience, both for the couple involved and for their families and friends. In addition to the emotional challenges, divorce can also have a significant financial impact on both parties.

If you are considering divorce, it is important to take steps to protect your assets. This includes understanding your rights under Malaysian divorce law, as well as the potential financial consequences of divorce.

What are your rights under Malaysian divorce law?

The distribution of assets in a non-Muslim divorce in Malaysia is governed by the Law Reform (Marriage & Divorce) Act 1976. Under this law, both parties are entitled to an equitable division of their assets, taking into account a number of factors, including but not limited to:

The length of the marriage
The contributions of each party to the marriage
The needs of each party
The standard of living enjoyed during the marriage

The court will also consider any prenuptial or postnuptial agreements that the parties have entered into.

What are the potential financial consequences of divorce?

The financial consequences of divorce can vary depending on a number of factors, including the length of the marriage, the incomes of the parties, and the value of the assets to be divided.

Some of the potential financial consequences of divorce include:

Division of assets: As mentioned above, both parties are entitled to an equitable division of their assets in a divorce. This can include the division of the marital home, bank accounts, investments, and other assets.
Alimony: Generally the husband will be required to pay alimony to the wife, depending on their financial needs and the ability of the other party to pay.
Child support: Both parents are responsible for the financial support of their children. The amount of child support is typically determined based on the income of the parents and the needs of the children.

How to protect your assets in a divorce

There are a number of steps you can take to protect your assets in a divorce:

Understand your rights: It is important to understand your rights under Malaysian divorce law and the potential financial consequences of divorce. This will help you to make informed decisions about your divorce settlement.
Gather financial information: Gather as much financial information as possible, including information about your assets, liabilities, and income. This information will be helpful in negotiating your divorce settlement and in presenting your case to the court.
Consider hiring a divorce lawyer: A divorce lawyer can provide you with advice on your rights and options and can represent you in court.
Be prepared to negotiate: Divorce settlements are often negotiated between the parties. Be prepared to negotiate in good faith and to compromise in order to reach a settlement that is fair to both parties.
Consider mediation: Mediation is a process in which a neutral third party helps the parties to reach a negotiated settlement. Mediation can be a less expensive and less time-consuming way to resolve a divorce than going to court.

Additional tips for protecting your assets during a divorce

Do not co-sign any loans or financial agreements with your spouse.
Keep a record of all of your income and expenses.
Make copies of all important financial documents, such as bank statements, investment statements, and tax returns.

If you are considering divorce, it is important to take these steps to protect your assets. By understanding your rights, gathering financial information, and considering hiring a divorce lawyer, you can increase your chances of reaching a fair divorce settlement.

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5 Common Divorce Mistakes to Avoid in Malaysia for Non-Muslims

October 4, 2023 by adminin BlogsLeave a Comment

5 Common Divorce Mistakes to Avoid in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult and emotional experience for everyone involved. It is important to make sure that you are taking the right steps to protect your interests and avoid making any common mistakes.

In this article, we will discuss 5 common divorce mistakes to avoid in Malaysia (for non-Muslims). By following these tips, you can make the divorce process easier and get the best possible outcome for yourself and your family.

Mistake 1: Not hiring a divorce lawyer

One of the most common mistakes people make when getting a divorce is not hiring a lawyer. A divorce lawyer can help you understand your rights and options, and they can represent you in court if necessary.

In Malaysia, divorce proceedings can be complex and time-consuming. Therefore it is important to have a lawyer who is experienced in divorce law.

Mistake 2: Not having a prenuptial agreement

A prenuptial agreement, also known as a prenup, is a contract that couples sign before they get married. It outlines how their assets and debts will be divided in the event of a divorce.

While prenups are not mandatory in Malaysia, they can be a valuable tool for protecting your assets and interests in the event of a divorce.

Mistake 3: Not understanding the financial implications of divorce

Divorce can have a significant financial impact on both parties. It is important to understand the financial implications of divorce before you make any decisions.

This includes understanding how your assets and debts will be divided, how child support and alimony are calculated.

Mistake 4: Not thinking about the children

If you have children, divorce can be especially difficult for them. It is important to put your children’s needs first and make sure that they are supported during this difficult time.

This means creating a parenting plan that outlines how you will share custody of your children, and it means communicating with your ex-spouse about your children’s needs.

Again, remember to put the needs of your children first.

Mistake 5: Not moving on

Once your divorce is finalized, it is important to move on with your life. This does not mean forgetting about your past, but it does mean accepting the new reality and looking forward to the future.

Here are some additional tips for avoiding common divorce mistakes:

Be honest with yourself and your ex-spouse. This means being honest about your needs and expectations, and it means being honest about the financial situation of the marriage.
Be willing to compromise. Divorce is a negotiation process, so it is important to be willing to compromise in order to reach a fair settlement.
Seek professional help. A divorce lawyer can help you understand your rights and options, and they can represent you in court if necessary. A therapist can help you cope with the emotional aspects of divorce.

Divorce is a major life change, but it is possible to move on and build a new life for yourself.

If you are considering divorce, it is important to seek professional help from a divorce lawyer. A lawyer can help you understand your rights and options, and they can represent you in court if necessary.

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Mediation for Divorce for Non-Muslims in Malaysia

September 27, 2023 by adminin BlogsLeave a Comment

Mediation for Divorce for Non-Muslims in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Mediation is a voluntary process in which a neutral third party, usually a mediator/lawyer, helps both husband and wife to reach an agreement on a disputed matter.

In the context of divorce, mediation can be used to negotiate the terms of the divorce, such as child custody, maintenance of children, alimony/spousal maintenance, and the division of matrimonial assets.

Mediation can be a beneficial option for non-Muslims in Malaysia who are considering divorce. It is a relatively quick and inexpensive process, and it can help divorcing couples to avoid the stress and conflict of going to court.

Mediation can also be a helpful way to preserve the relationship between the divorcing parties, which can be beneficial for children.

Benefits of Using Mediation Services

There are several benefits to using mediation services for divorce in Malaysia.

First, mediation is a voluntary process. This means that both parties must agree to mediate, and either party can leave the process at any time. This can be helpful for couples who are not sure if they want to divorce, or who are not ready to make a decision.
Second, mediation is a confidential process. This means that the mediator cannot disclose any information that is discussed during mediation to anyone else, without the consent of both parties. This can be helpful for couples who want to keep their divorce private.
Third, mediation can be a relatively quick and inexpensive process. Mediation sessions typically last for a few hours, and the cost of mediation is usually much lower than the cost of going to the court and litigate.
Fourth, mediation can help divorcing couples to reach an agreement that is tailored to their specific needs. In court, a judge will make a decision based on the law, even if that decision is not in the best interests of the couple or their children. In mediation, the couple is free to negotiate any terms that they agree to. In short, parties will have more control.
Fifth, mediation can help to preserve the relationship between the divorcing parties. This can be beneficial for children, who may have difficulty coping with the divorce of their parents. When parents are able to communicate and cooperate civilly with each other, it can make the transition to divorce easier for children.

How Our Lawyer Can Be a Neutral Party and Try to Seek for Divorce Settlement Between Parties to Help Save Cost and Time for Divorcing Parties

Our lawyers can be a neutral party and try to seek for a divorce settlement between parties to help save cost and time for divorcing parties by:

Understanding the needs and interests of both parties. Our lawyers will meet with each party individually to understand their needs and interests in the divorce. This will help us to develop a mediation plan that is tailored to the specific needs of the couple.
Facilitating communication between the parties. Our lawyers will help the parties to communicate with each other in a respectful and constructive manner. This is essential for reaching an agreement in mediation.
Identifying and exploring options. Our lawyers will help the parties to identify and explore all of the options available to them. This will help the parties to make informed decisions about their divorce.
Drafting a settlement agreement. Once the parties have reached an agreement, our lawyers will draft a settlement agreement that sets out the terms of the agreement in writing. The settlement agreement can then be filed with the court to finalize the divorce.

If you are considering divorce in Malaysia, we encourage you to consider mediation rather than fighting in the court. Mediation can be a beneficial option for non-Muslims who want to avoid the stress and conflict of going to court. Our experienced divorce lawyers can help you to mediate a divorce settlement that is fair and beneficial to both parties.

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9 Things You Must Know About Non-Muslim Divorce in Malaysia

August 25, 2023 by adminin BlogsLeave a Comment

9 Things You Must Know About Non-Muslim Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a difficult and emotional process for anyone. Here, we unravel 9 things you must know about non-Muslim divorce in Malaysia, aiming to provide clarity and insight into the process and the rights and responsibilities it entails.

Applicable Law: Non-Muslims in Malaysia are subject to the Law Reform (Marriage and Divorce) Act 1976, which governs divorce proceedings, including issues related to matrimonial property, custody, and maintenance.
Grounds for Divorce: Under this act, you can file for divorce on several grounds, including adultery, unreasonable behaviour, desertion, and living separately for at least two years.
No Ground Needed If Divorce is Mutual: There is no need to give ground for divorce if the divorce terms are agreed between parties.
Counseling: Before filing for divorce, non-Muslim couples are required to attend counseling sessions preferably conducted by the National Registration Department of Malaysia (NRD). This is aimed at exploring reconciliation possibilities.
Filing for Divorce: You can initiate divorce proceedings by filing a divorce petition in the Civil Court. Consult with a lawyer to guide you through the process.
Property Division: The court will consider the division of marital assets and property based on contributions of parties and are typically divided fairly, not necessarily equally.
Child Custody: The court will decide child custody arrangements based on the child’s best interests. It may grant joint or sole custody, considering factors like parental capability and the child’s wishes. The court will favor the mother if the child is below the age of 7.
Child Maintenance: Both parents are legally obligated to provide child maintenance, as per the Law Reform (Marriage and Divorce) Act 1976. The amount and terms are determined by the court, taking into account the child’s needs and the parents’ financial capacity.
Maintenance for Spouse: The court may order one spouse to provide maintenance for the other if it is deemed necessary, based on factors like the duration of the marriage, reason for the breakdown of marriage and financial circumstances.

Remember that divorce can be emotionally and financially challenging. If you are a non-Muslim in Malaysia and you are considering divorce, it is important to understand your rights and options. You should also seek legal advice to ensure that you are protected throughout the process.

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