Tag: divorce in Malaysia

A Simple Guide to Divorce in Malaysia

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A Simple Guide to Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Facing the end of a marriage can be emotionally and legally complex. This is especially true in Malaysia, where the process of divorce has its own specific procedures and regulations. This guide aims to simplify the divorce process in Malaysia, providing you with a clear understanding of the steps involved, your rights and responsibilities.

Grounds for Divorce

In Malaysia, there are 2 main ways to obtain a divorce:

  • Mutual Consent: This is the fastest and most straightforward option. Both spouses must agree to end the marriage and have reached a settlement on all matters related to child custody, property division, and financial support. No reason for divorce is needed if the divorce is mutual.
  • Irretrievable Breakdown of Marriage: If mutual consent is not possible, you can file for divorce based on grounds that prove the marriage has broken down irretrievably. These grounds include:
    • Adultery
    • Unreasonable behaviour
    • Deserted for more than 2 years
    • Live in separation for more than 2 years

Steps in the Divorce Process

  • Consult a Lawyer: Engaging a qualified divorce lawyer is crucial. They can guide you through the legal complexities, ensure your rights are protected, and represent you in court.
  • Attend Counselling (only if the divorce is not mutual): This requirement under the law can help explore reconciliation possibilities and prepare you for the emotional impact of divorce.
  • File a Divorce Petition: Your divorce lawyer will draft and file a petition for divorce with the Court. This document outlines the grounds for divorce, proposed settlements for child custody, property division, and financial support.
  • Court Hearing: The court will hear both sides of the case and assess the evidence presented. If the court is satisfied with the grounds for divorce and the proposed settlement is fair, a decree nisi will be granted.
  • Decree Nisi: This is an interim order that allows reconciliation that lasts 3 months. After 3 months, the decree nisi becomes absolute, finalizing the divorce.
  • Update of Divorce Status: Your divorce lawyer will update Jabatan Pendaftaran Negara (JPN) Malaysia on your divorce status.

Additional Considerations

  • Child Custody: If you have children, reaching an amicable agreement on their custody is essential. The court will prioritize the best interests of the child when making a custody decision.
  • Property Division: Assets and liabilities acquired during the marriage will be divided fairly between the spouses. This may involve negotiations, mediation, or court orders.
  • Financial Support: One spouse may be entitled to financial support from the other, depending on their income and needs under the law in Malaysia.

By understanding the legal process and seeking professional legal guidance, you can navigate this challenging time with confidence and focus on rebuilding your life. Remember, you are not alone in this journey.

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Resolving Divorce Terms for Non-Muslim in Malaysia: Mediation is Key

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Resolving Divorce Terms for Non-Muslim in Malaysia Mediation is Key by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a very difficult process and it can be even more challenging if you and your spouse cannot agree on the terms of your divorce.

In Malaysia, there are a few different options available to couples who are going through a divorce, including mediation.

If you and your spouse cannot agree on the terms of your divorce, you may be able to resolve your dispute through mediation. Mediation is a process in which a neutral third party, known as a mediator/lawyer or a neutral third party, helps couples to communicate and negotiate their divorce settlement. The mediator does not make decisions for the couple, but instead helps them to identify their interests and develop mutually agreeable solutions.

Benefits of Mediation for Divorce in Malaysia:

Here are some of the benefits of mediation for non Muslim who are going through a divorce:

  • Mediation can help couples to save time and money. A mediated divorce is typically much faster and less expensive than a litigated divorce.
  • Mediation can help couples to maintain a civil relationship. Mediation can help couples to focus on their shared interests and goals, and to develop a parenting plan that is in the best interests of their children.
  • Mediation can help couples to reach mutually agreeable solutions. The mediator does not make decisions for the couple, but instead helps them to identify their interests and develop mutually agreeable solutions.
  • Mediation can help couples to avoid the stress and trauma of going to court. Court can be a very stressful and expensive experience, and mediation can help couples to avoid this altogether.

If you and your spouse are considering divorce, and you are unable to agree on the terms of your divorce, mediation may be a good option for you. Mediation can help you to save time and money, maintain a civil relationship, and reach mutually agreeable solutions.

In order for parties to benefit from mediation, it is important to note that the focus is to create a win-win situation and parties must be ready to compromise in order to achieve its purpose.

In practice, it is a norm for the court to direct parties to resolve their indifferences through mediation in order to save time and cost for parties. Furthermore, this is also encouraged to ensure parties to have more ‘control’ in the outcome rather than leaving it entirely to the court to decide.

Overall, mediation is a valuable tool for couples who are going through a divorce. Mediation can help couples to save time and money, maintain a civil relationship, and reach mutually agreeable solutions. If you are considering divorce, and you are unable to agree on the terms of your divorce, mediation may be a good option for you.

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How to Move On After Divorce

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How to Move On After Divorce by TYH & Co. Divorce Lawyer Malaysia

Divorce is a life-changing event that can be incredibly difficult to cope with. It can be a time of great sadness, anger, and confusion. It’s also a time of major adjustment, as you have to learn to live a new life without your spouse.

If you’re going through a divorce, it’s important to know that you’re not alone. Millions of people go through divorce every year, and there are many resources available to help you through this difficult time.

Here are some tips on how to move on after divorce:

1. Allow yourself to grieve.

Divorce is a loss, and it’s important to allow yourself to grieve the end of your marriage. This means giving yourself time to feel your emotions, whether they’re sadness, anger, confusion, or anything else.

Don’t try to bottle up your emotions or pretend that you’re okay when you’re not. It’s important to let yourself feel what you’re feeling in order to heal.

2. Talk to someone you trust.

Talking to someone you trust about what you’re going through can be very helpful. This could be a friend, family member, therapist, or anyone else you feel comfortable talking to.

Talking about your feelings can help you to understand and process them. It can also help you to feel less alone and more supported.

3. Take care of yourself.

During a divorce, it’s more important than ever to take care of yourself. This means eating healthy, getting enough sleep, and exercising regularly. It’s also important to do things that you enjoy and that make you feel good.

Taking care of yourself will help you to stay physically and emotionally healthy during this difficult time.

4. Create a new routine.

Divorce can disrupt your routine, both big and small. From where you live to what you eat for dinner, things may look different now.

Creating a new routine can help you to feel more in control of your life. It can also help you to start to move on from your past.

5. Surround yourself with positive people.

The people you spend time with can have a big impact on your mood and well-being. Make sure to surround yourself with positive people who support you and make you feel good.

Avoid people who are negative or who bring you down.

6. Don’t rush into anything new.

After a divorce, it’s important to give yourself time to heal before you start dating or making any other major life changes.

Rushing into something new can lead to problems later on. It’s important to be patient and give yourself time to figure out what you want next.

7. Be kind to yourself.

Divorce is a difficult experience, and it’s important to be kind to yourself during this time. Don’t beat yourself up for your mistakes or for feeling sad or angry.

Remember that you’re human, and that everyone makes mistakes. Just focus on taking care of yourself and moving on in a healthy way.

Here are some additional tips that may help you to move on after divorce:

  • Focus on your children. If you have children, focusing on their needs can help you to get through this difficult time.
  • Make new friends. Getting involved in new activities is a great way to meet new people and make new friends.
  • Don’t compare yourself to others. Everyone’s experience with divorce is different. Don’t compare yourself to others or try to keep up with their timelines.
  • Forgive yourself and your ex-spouse. Holding on to anger and resentment will only hurt you. Forgiveness is a gift that you give yourself.
  • Seek professional help if needed. If you’re struggling to cope with your divorce, don’t be afraid to seek professional help. A therapist can provide you with support and guidance as you heal.

Remember, you are not alone. Millions of people go through divorce every year, and there is help available. Take care of yourself and focus on moving on in a healthy way. If you are going through this rough stage of life right now, do seek help from a divorce lawyer to ensure that your rights are protected (for non-Muslims in Malaysia).

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

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How to Calculate Alimony and Child Support in a Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

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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How to Choose the Right Divorce Lawyer for You

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How to Choose the Right Divorce Lawyer for You by TYH & Co. Divorce Lawyer Malaysia

Going through a divorce is one of the most difficult experiences a person can go through. It is a time of great personal change and upheaval, and it is important to have the support of a team of experienced divorce lawyers to help you navigate the divorce process for non-Muslims.

One of the most important decisions you will make during your divorce is choosing a lawyer. The right lawyer can make a significant difference in the outcome of your case, and can help you protect your rights and interests.

What to look for in a divorce lawyer

When choosing a divorce lawyer, there are a few key factors to consider:

  • Experience: Choose a lawyer who has experience handling divorce cases. This means that they will be familiar with the divorce laws and procedures in Malaysia for non-Muslims, and they will know how to best represent your interests.
  • Reputation: Ask around for recommendations from friends, family, or colleagues. You can also read online reviews to get a sense of a lawyer’s reputation among their clients.
  • Communication style: It is important to feel comfortable communicating with your lawyer. Make sure to choose a lawyer who is responsive to your questions and concerns, and who explains things to you in a way that you can understand.
  • Fees: Lastly, it is important to discuss fees upfront with your lawyer so that there are no surprises down the road.

How our law firm offers a personal touch

At Tam Yuen Hung & Co., we understand that divorce is a difficult time for our clients. That is why we offer a personal touch to all of our divorce cases. We take the time to get to know our clients and their individual needs, and we work closely with them to develop a strategy that meets their goals.

We are also committed to keeping our clients informed and involved throughout the divorce process. We explain the law and the process in a clear and concise way, and we answer all of their questions in a timely manner.

We believe that communication is key to a successful divorce. We are available to our clients by phone, email, or in person.

Here are some specific examples of how we offer a personal touch to our clients:

  • We offer a free initial consultation (via WhatsApp) so that you can get to know us and learn more about our services.
  • We assign a dedicated team of divorce lawyers to your case, so that you always have someone to talk to who is familiar with your situation.
  • We are responsive to your calls, emails, and texts, and we make sure to keep you updated on the status of your case.
  • We work with you to develop a personalized strategy that meets your individual needs and goals.
  • We explain the law and the divorce process to you in a clear and concise way, and we answer all of your questions in a timely manner.

If you are considering a divorce, we encourage you to contact our divorce lawyer for a free initial consultation via WhatsApp to understand your case better.

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

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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

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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

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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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Government Divorce Lawyer vs. Private Divorce Lawyer: How To Choose?

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Government Divorce Lawyer vs. Private Divorce Lawyer How To Choose by TYH & Co. Divorce Lawyer Malaysia

If you are a non-Muslims and considering a divorce in Malaysia, you may be wondering whether to use a government divorce lawyer or a private divorce lawyer. There are several benefits to using a private divorce lawyer, especially for non-Muslim couples.

What is a Government Divorce Lawyer?

A government divorce lawyer is a lawyer under the Legal Aid Department of Malaysia (Jabatan Bantuan Guaman Malaysia). Generally, your income must be less than RM50,000 per year before you are entitled to get legal aid from the government.

This is a government department in Malaysia providing legal aid services only to eligible person under the Legal Aid Act 1971 and their fees are usually lower than the fees of private divorce lawyers. That said, you will also have to apply and go through an application process before you know if you are entitled get legal aid.

Government divorce lawyers may have a high caseload and may not be able to provide as much personalized attention to their clients as a private divorce lawyer can.

If your marriage is childless and no property is involved, it is best to get legal aid from the Legal Aid Department of Malaysia provided that you are eligible.

What is a Private Divorce Lawyer?

A private divorce lawyer is a lawyer who works for themselves and provides legal assistance to people who are getting a divorce. Private divorce lawyers typically charge slightly higher fees than government divorce lawyers, but they may be able to provide more personalized attention to their clients and may be able to handle more complex divorce cases for non-Muslims.

Benefits of Using a Private Divorce Lawyer

There are several benefits to using a private divorce lawyer, especially for non-Muslim couples.

  • Personalized attention: Private divorce lawyers typically have a lower caseload than government divorce lawyers, which means that they can provide more personalized attention to their clients. This is especially important for non-Muslim couples with children and matrimonial assets involved.
  • Ability to handle complex divorce cases: Private divorce lawyers are typically better equipped to handle complex divorce cases than government divorce lawyers. This is because private divorce lawyers have more experience handling complex divorce cases and have access to more resources.

Examples of Complex Divorce Cases

Complex divorce cases may involve the following:

  • Child custody: Child custody disputes can be very complex and time-consuming. A private divorce lawyer can help you to navigate the child custody process and protect your rights.
  • Division of matrimonial assets: Dividing assets in a divorce can be complex, especially if you have a high net worth or if you own businesses. A private divorce lawyer can help you to divide your assets fairly and equitably.
  • Spousal support: Spousal support can be a complex issue, especially if one spouse has a much higher earning potential than the other spouse. A private divorce lawyer can help you to negotiate a spousal support agreement that is fair and equitable.

How to Choose a Private Divorce Lawyer

When choosing a private divorce lawyer, it is important to consider the following factors:

  • Experience: Choose a divorce lawyer who has experience handling non-Muslims divorce cases in Malaysia.
  • Reputation: Choose a lawyer with a good reputation and good reviews (from online or offline)
  • Communication style: Choose a lawyer who communicates effectively and who you feel comfortable with.
  • Fees: Choose a lawyer whose fees are affordable. Be sure to ask about the lawyer’s fees upfront.

If you are considering a divorce in Malaysia, it is important to weigh the benefits of using a government divorce lawyer versus a private divorce lawyer. If you have children or matrimonial assets involved, it is generally recommended to use a private divorce lawyer to ensure that you get the personalized attention and quick response from your divorce lawyer.

If you are eligible for legal aid, we can provide you with legal services at a discounted legal fee.

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Essential Divorce Terms in Malaysia for Non-Muslims

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

Getting a divorce may be a taboo topic for some. However, it is inevitable if you think that getting a divorce may be the best option available rather than remaining in a troubled marriage.

Non-Muslim divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. Essentially, there are a number of different divorce terms that you may need to discuss with your spouse if you wish to get a divorce.

In this article, we will provide a comprehensive guide to the different divorce terms that you need to discuss if you are a non-Muslim contemplating to get a divorce in Malaysia.

Divorce Terms to Discuss

Here are some of the most important divorce terms that you need to discuss with your spouse:

  • Child custody: If you have children, you will need to decide who will have custody of them after the divorce. This can be a complex issue. Remember that it is very important to reach an agreement that is in the best interests of your children and not your personal interest.

  • Access and visitation rights: Generally, the non-custodial parent will be granted reasonable access and visitation rights. Parties can also come to an agreement on specific time and day of visit, rights to go on holiday with the children and even specific days of access during festivals or school holidays.

  • Child support: The non-custodial parent is typically required to pay child support to the custodial parent. The amount of child support is determined on a case-by-case basis, taking into account a number of factors, such as the income of both parents and the needs of the children.

  • Alimony/Spousal support: A husband is required to pay alimony to the wife under the law. The amount is based on the needs and means of parties. Do take note that the amount must be reasonable and spousal support will automatically cease under the law if the wife remarries or living in adultery with another man.

  • Division of property: The court will also divide the matrimonial property between the two spouses based on contribution of parties. It is important to note that the development of law has required that non-monetary contribution (such as cooking or taking care of the family) shall be treated as contribution as well.

  • Miscellaneous: Every divorce case is different and parties are free to agree on any other divorce terms or agreement between them, as long as it is fair and reasonable. However, the court may also inquire into the agreed terms to ensure fairness for both parties.

Tips for a Smooth Divorce

Here are some tips on how to make the divorce process as smooth and stress-free as possible:

  • Be honest and open with your spouse: It is important to be honest and open with your spouse about your reasons for wanting a divorce. This can help to reduce conflict and make the negotiation process easier.
  • Be willing to compromise: It is unlikely that you will get everything you want in a divorce. Be willing to compromise on some issues in order to reach an agreement that you can both live with.
  • Seek legal advice: It is important to seek legal advice from a divorce lawyer before finalizing your divorce. A divorce lawyer can help you to understand your rights and obligations during the process.

If you are a non-Muslim getting divorced in Malaysia, it is important to be aware of the different divorce terms that you need to discuss with your spouse. By being honest and open, willing to compromise, and seeking legal advice from a divorce lawyer, you can make the divorce process as smooth and stress-free as possible.

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