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Essential Divorce Terms in Malaysia for Non-Muslims

September 22, 2023September 22, 2023 by adminin BlogsLeave a Comment

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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What to Do If Your Spouse Won’t Agree to the Divorce?

September 20, 2023 by adminin BlogsLeave a Comment

What to Do If Your Spouse Won't Agree to the Divorce by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce in Malaysia as a non Muslim can be a complex and challenging process.

One of the most common challenges that couples face is when one spouse is unwilling to agree to the divorce or sign the divorce papers.

In such circumstances, what can you do if you insist to call if off?

If your spouse is not willing to agree to a divorce, there are a few things you can do.

First, you should try to talk to your spouse about your reasons for wanting a divorce and see if you can come to an agreement. If you are unable to reach an agreement, your only option is to file for divorce in court by way of a single petition for divorce. In this case, you will need to provide reason for divorce.
Next, you will need to attend for marriage counselling (preferably under the JPN) required under the law in Malaysia.
File single petition for divorce in Malaysia and the court will decide accordingly based on the reasons provided and both parties will have the rights to be heard.

It is important to note that you do not need your spouse’s consent to file for divorce. You can file for divorce even if your spouse does not agree by way of single petition for divorce if you have valid ground to do so.

That said, this can be a long and exhausting process for some. That is why most of the time, it is best to seek for a divorce settlement between parties through a divorce lawyer.

There are many benefits to seeking a divorce settlement over going to court. Here are some of the most important benefits:

Speed: Mediation is a much faster way to get a divorce than going to court. The average divorce case takes over a year to resolve, while mediation can be completed in a matter of weeks or months.
Cost: Mediation is also much less expensive than going to court. The cost of mediation varies depending on the complexity of the case and the mediator’s fees, but it is typically much lower than the cost of hiring two lawyers and going to court.
Control: In mediation, the spouses have control over the outcome of their divorce. They can negotiate and agree on terms that work for both of them. In court, the judge will make the decisions about the divorce, and the spouses may not be happy with the outcome.

In addition to these benefits, seeking a divorce settlement can also help to reduce the stress and conflict associated with divorce. When the spouses are able to negotiate and agree on their own terms, they are more likely to be satisfied with the outcome of the divorce. This can lead to a smoother and more amicable divorce process.

If you are considering getting a divorce, it is important to talk to a divorce lawyer about the benefits of seeking a divorce settlement.

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Overview of Divorce for Non-Muslims in Malaysia

September 12, 2023September 12, 2023 by adminin BlogsLeave a Comment

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

Divorce can be a challenging and emotional process that can happen to anyone. This article will provide an overview of divorce for non-Muslims in Malaysia, explaining the law, the steps involved, and some important considerations.

Understanding the Law

In Malaysia, the law for divorce for non-Muslims are primarily governed by the Law Reform (Marriage and Divorce) Act 1976. This Act provides the law on custody, alimony, maintenance of children and division of matrimonial property during the course of a divorce proceedings.

Eligibility for Divorce

Before proceeding with a divorce, it’s crucial to understand who is eligible to file for divorce in Malaysia. Non-Muslims who wish to divorce must meet certain criteria:

Marital Status: You must be legally married to your spouse. In Malaysia, this means that the marriage must be registered under the Law Reform (Marriage and Divorce) Act 1976. Foreigners may also file for a divorce in Malaysia if they are legally married in foreign countries. Also, the marriage must be registered for more than 2 years.
Domicile: Parties must be domiciled in Malaysia during the filing of the divorce petition. For foreigners, this can be proved usually by the fact that one is residing in Malaysia, working in Malaysia, possessing assets in Malaysia and others.

The Divorce Process (Joint Petition or Single Petition)

Consulting a Divorce Lawyer: The first step in the divorce process is to consult with a divorce lawyer. They will provide legal advice and guide you through the process whether to file for a joint or single petition for divorce.
Filing the Petition: The spouse who wishes to initiate the divorce must file a single petition at the High Court in Malaysia. This petition should outline the grounds for divorce and other relevant details. If both parties can reach an agreement, your divorce lawyer will proceed to prepare to file for a joint petition.
Court Proceedings: If a settlement cannot be reached, the divorce case will proceed to trial. Both parties will present their arguments and evidence, and the court will make a decision based on the evidence presented. For a joint petition, the process is relatively much simpler and straightforward without the need to fight or litigate in the court.
Final Judgment: Once the court makes a decision, a final judgment of divorce will be issued. This judgment will outline the terms of the divorce, including child custody, alimony, and property division.

Important Considerations

Child Custody: Child custody can be a complex issue in divorce cases. The court will prioritize the welfare and best interests of the child when making custody decisions.
Property Division: For property division, the court will primarily decide based on the contribution of parties. Contribution in this case includes monetary and non-monetary contributions.
Alimony: The court may order the husband to provide financial support to the wife based on the needs and income of parties.
Post-Divorce Matters: After the divorce is finalized, both parties must adhere to the court’s orders regarding child custody, support, and other matters. Failure to do so can lead to legal consequences.

Conclusion

Divorce is a challenging process that can have a significant impact on the lives of those involved. Understanding the law, eligibility criteria, and the steps involved in the divorce process for non-Muslims in Malaysia is crucial for a smoother transition through this difficult period.

Consulting with a divorce lawyer and seeking amicable solutions can help minimize the emotional and financial toll of divorce and ensure that the best interests of any children involved are protected.

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What Evidence Do You Need to Sue for Adultery in Malaysia?

September 7, 2023 by adminin BlogsLeave a Comment

What Evidence Do You Need to Sue for Adultery in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Adultery is one of the grounds for divorce in Malaysia for non-Muslims under the Law Reform (Marriage and Divorce) Act 1976 (LRA).

However, it is not enough to simply allege that your spouse has committed adultery. You will need to provide evidence to support your claim in order for you to sue and claim for compensation from the alleged adulterer.

So what evidence do you need to sue for adultery in Malaysia?

The type of evidence that will be considered by the court will vary depending on the circumstances. However, some common types of evidence include:

Confession or admission by the spouse. This is the strongest type of evidence, but it is not always possible to obtain.
Photographs or videos of the spouse engaged in an adulterous act. This can be very effective evidence, but it is important to make sure that the photos or videos are genuine and not tampered with.
Witness testimony. This can be from people who saw the spouse engaged in an adulterous act, or from people who know about the affair.
Letters, emails, or other written communication between the spouse and the other person. This can be helpful evidence, but it is important to make sure that the communication is genuine.
Birth certificate of illegitimate children. Having children out of wedlock can be another solid proof to claim for adultery.
Medical evidence. This can be used to prove that the spouse contracted a sexually transmitted disease from the other person.

The court will consider all of the evidence presented to it and decide whether it is sufficient to prove adultery. If the court finds that adultery has been committed, the court may grant the divorce and order that the aggrieved party to be compensated.

It is important to note that adultery is not the only ground for divorce in Malaysia. If you are considering filing for divorce, it is important to speak to a divorce lawyer to discuss your options.

Here are some additional tips for gathering evidence of adultery:

Be discreet. Don’t let your spouse know that you are gathering evidence.
Be thorough. Collect as much evidence as possible.
Be objective. Don’t let your emotions cloud your judgment.
Get legal advice. A lawyer can help you understand the law and gather evidence in a way that is admissible in court.
Seek for a licensed private investigator. Getting professional help may ease the process and ensure that the evidence obtained is admissible in the court.

If you are contemplating to file for a divorce for whatever reason, it is important to seek legal advice from a divorce lawyer to know your stand better and to represent you in court if necessary.

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The 5 Most Common Signs of Adultery

September 4, 2023 by adminin BlogsLeave a Comment

The 5 Most Common Signs of Adultery by TYH & Co. Divorce Lawyer Malaysia

Adultery is the act of having a sexual relationship with someone other than your spouse or partner. It is a form of infidelity, and it can be a very painful and destructive experience for those involved.

If you are concerned that your partner may be cheating on you, there are a few signs that you can look out for. These are not always foolproof, but they can give you a clue that something is going on.

1. Changes in communication

One of the most common signs of adultery is a change in communication patterns. Your partner may start to withdraw from you emotionally and physically, and they may be less likely to share their thoughts and feelings with you. They may also be more secretive about their activities, and they may avoid answering your questions about where they have been or who they have been with.

2. Increased interest in appearance

Another common sign of adultery is a sudden increase in interest in appearance. Your partner may start dressing differently, wearing more makeup, or getting a new haircut. They may also start working out more or going to the salon more often. While it is possible that your partner is simply trying to take better care of themselves, this can also be a sign that they are trying to impress someone else.

3. More time spent away from home

If your partner is suddenly spending more time away from home, this could be a sign that they are having an affair. They may start working late more often, going out with friends more, or taking frequent business trips. They may also start making excuses to avoid spending time with you.

4. Changes in their sex life

Changes in your partner’s sex drive can also be a sign of adultery. They may suddenly become more or less interested in sex, or they may start to avoid physical intimacy altogether. They may also start making excuses for why they don’t want to have sex with you, such as being tired or stressed.

5. Lying and secrecy

If your partner is suddenly lying to you or being secretive about their activities, this could be a sign that they are cheating on you. They may start hiding their phone or computer, or they may be careful about what they say around you. They may also start deleting text messages or emails, or they may avoid talking about certain people or places.

Could It Be Something Else?

It is important to note that these are just some of the most common signs of adultery. Not everyone who exhibits these signs is cheating, and there are other possible explanations for their behavior. However, if you are concerned that your partner may be cheating on you, it is important to talk to them about your suspicions.

If you are able to have an honest and open conversation with your partner, they may be able to reassure you that there is nothing to worry about. However, if they are not willing to be honest with you, or if you are still suspicious, it may be time to seek professional help. A therapist can help you to understand your feelings and to decide what you want to do next.

What Can You Do If You Find Out That Your Spouse Committed Adultery? (for non Muslims in Malaysia only)

For non Muslims, if a spouse suspects their partner of adultery, one can use this as a ground for divorce and claim for compensation from the adulterer provided that there are sufficient proofs.

To win the case, one must prove that his or her partner had sexual intercourse with someone else. Some evidences that can be used to prove adultery includes eyewitness testimony, text messages or emails, photographs or videos, hotel receipts, credit card statements, birth certificate of illegitimate children, DNA evidence and others.

If the court is satisfied that one has committed adultery based on direct and/or indirect evidences, the court may order the adulterer to pay compensation to the aggrieved party.

Conclusion

Adultery is a complex issue, and there is no easy answer. If you are certain that your spouse has committed adultery and wish to know your rights better as a non Muslims in Malaysia, it may be time to seek professional help.

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5 Signs Your Marriage Is Headed for Divorce

September 4, 2023 by adminin BlogsLeave a Comment

5 Signs Your Marriage Is Headed for Divorce by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult and painful decision, but it is sometimes the best option for couples who are no longer happy together. If you are considering divorce, it is important to be aware of the signs that your marriage may be headed in that direction. Here are 5 of the most common signs:

You no longer communicate effectively. Communication is essential for any healthy relationship. If you and your spouse are no longer able to talk to each other about your feelings, needs, and wants, it is a sign that something is wrong. You may find yourselves arguing more often, or you may simply avoid talking to each other altogether.
You have different values and goals. When you get married, you are essentially making a commitment to share your lives together. This means that you need to have some shared values and goals. If you and your spouse have different values, such as how to raise children or how to spend your money, it can be a major source of conflict.
You have lost respect for each other. Respect is another essential ingredient for a healthy relationship. If you no longer respect your spouse, it is a sign that the relationship is in trouble. You may find yourself criticizing them, making sarcastic remarks, or even name-calling.
You have fallen out of love. Falling out of love is a natural part of many relationships. However, if you have been feeling this way for a long time, it is a sign that your marriage may be over. You may no longer feel attracted to your spouse, and you may not enjoy spending time with them.
Adultery or affair. Infidelity is a major betrayal of trust, and it can be very difficult to repair a relationship after an affair. If you or your spouse has had an affair, it is a sign that the relationship is in serious trouble.

If you are experiencing any of these signs, it is important to talk to your spouse about your concerns. If you are both willing to work on the relationship, there is still hope. However, if you are unable to resolve your issues, divorce may be the best option for both of you.

It is important to remember that every marriage is different. What may be a sign of trouble in one marriage may not be a problem in another. If you are unsure whether or not your marriage is headed for divorce, it is always best to talk to a therapist or counselor who can help you assess the situation before you consider getting a divorce.

Here are some additional things to consider if you are thinking about divorce:

How will the divorce affect your children?
How will you divide your matrimonial assets?
Who will have the custody of the children?
How will you support yourself financially?
How will you maintain a healthy relationship with your former spouse?

Divorce is a big decision, and it is important to weigh all of your options before making a decision. If you are considering divorce, it is important to get professional help and support. A divorce lawyer can help you through this difficult time and make sure that you are making the best decision for you and your family.

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Maintenance of Children After Divorce in Malaysia

August 28, 2023 by adminin BlogsLeave a Comment

Maintenance of Children After Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

For non-Muslims in Malaysia, when a marriage ends in divorce, it can be a difficult time for everyone involved, especially the children. One of the most important things to consider during this time is the financial support of the children. In this article, we will explore on the issue of maintenance of children after divorce in Malaysia.

What is maintenance?

Maintenance is financial support that is paid by one parent to the other parent for the benefit of their children. It can be used to cover the costs of food, clothing, shelter, education, and other expenses.

Duration of maintenance of children?

In Malaysia, any child under the age of 18 is entitled to receive maintenance from their parents after divorce. However, the law also provides for the possibility of extending maintenance beyond the age of 18 in certain circumstances, such as if the child is pursuing higher education or training or has a disability.

How is maintenance calculated?

The amount of maintenance that is paid is determined by the court based on a number of factors, including the needs of the child, the income of the parents, and the standard of living that the child is accustomed to.

Essentially it is about determining the needs of children and means of parties (parents).

What happens if a parent does not pay maintenance?

If a parent does not pay maintenance, the other parent can apply to the court to claim for maintenance. It is best to get advice from a divorce lawyer on how to proceed with this claim in the family court in Malaysia.

It is important to provide evidence to show that one parent has deliberately failed to maintain the child supported by the evidence of the child’s needs. The court will then hold a hearing to determine whether to order maintenance and, if so, the amount of maintenance.

Conclusion

The law in Malaysia provides for the right of children to receive maintenance from their parents after divorce.

This is important to ensure that children have the financial support they need to grow up healthy and happy. If you are a parent who is going through a divorce, it is important to understand your rights and options regarding maintenance for your children.

Here are some additional tips for parents seeking maintenance for their children after divorce:

Be prepared to provide evidence of the child’s needs and show that the other parent has failed to maintain the child.
Be clear about your expectations for the amount of maintenance you are seeking and it must be reasonable.

Remember, your child has the right to be supported by both parents. Do not hesitate to seek the help you need to ensure that your child is financially secure after divorce.

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How to Get Maintenance from Your Spouse in Malaysia?

August 22, 2023 by adminin BlogsLeave a Comment

How to Get Maintenance from Your Spouse in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Introduction

When a marriage breaks down, one spouse may need financial support from the other. This is known as maintenance or alimony. The Law Reform (Marriage and Divorce) Act 1976 gives the court the power to order a spouse to pay maintenance to the other spouse in certain circumstances for non-Muslims in Malaysia. This article will solely focus on the maintenance for spouse (or alimony) which is different from maintenance for children.

Who Can Claim Maintenance?

A woman can claim for maintenance from her husband under the law.
The court can also order a woman to pay maintenance to her husband or former husband if he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health, and the court is satisfied that having regard to her means it is reasonable so to order.

When Can Maintenance Be Ordered?

The court can order maintenance to be paid in the following circumstances:

During the course of matrimonial proceedings. This means that a spouse can apply for maintenance before the divorce is finalized.
After the grant of a decree of divorce or judicial separation. This means that a spouse can apply for maintenance after the divorce is finalized.
If the spouse is found to be alive after being presumed dead. This means that a spouse can apply for maintenance if their spouse was presumed dead but is later found to be alive.

How Much Maintenance Can Be Ordered?

The amount of maintenance that can be ordered will vary depending on the circumstances of each case. The court will consider the following factors when determining the amount of maintenance to be paid:

The means and needs of both spouses. This includes their income, assets, and expenses.
The degree of responsibility each spouse bears for the breakdown of the marriage.
The standard of living that the spouses enjoyed during the marriage.
The length of the marriage.
The age and health of the spouses.
Whether the spouse seeking maintenance is able to work.
Whether the spouse seeking maintenance has any dependent children.

Duration of Maintenance

In general, an order for maintenance will expire on the death of either spouse, unless the order is expressed to be for a shorter period or has been rescinded.

The right to receive maintenance from a former spouse will cease if the divorced person remarries or lives in adultery with another person. This is regardless of whether the maintenance is ordered by the court or agreed upon by the spouses, unless the agreement provides otherwise.

The rationale behind this is that the purpose of maintenance is to provide financial support to a spouse who is unable to support themselves after the breakdown of the marriage. Once the spouse remarries or enters into a relationship with another person, they are no longer considered to be in need of financial support.

Can a Maintenance Order Be Varied or Rescinded?

The court can vary or rescind an order for maintenance if there has been a material change in circumstances. This means that if the circumstances of the spouses change significantly, the court may order a change to the amount of maintenance being paid.

What Happens If a Spouse Doesn’t Pay Maintenance?

If a spouse does not pay maintenance, the other spouse can take legal action to enforce the order. This may involve taking the spouse to court or garnishing their wages.

Conclusion

The power of the court to order maintenance of spouse is a complex area of law. If you are considering applying for maintenance, you should speak to a divorce lawyer in Malaysia. They can advise you on your rights and help you to prepare your application.

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Can You Claim Compensation for Adultery in Malaysia?

August 21, 2023 by adminin BlogsLeave a Comment

Can You Claim Compensation for Adultery in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Have you been cheated on by your spouse? If so, you may be wondering if you can claim compensation from the person they cheated with.

Adultery is one of the grounds for divorce in Malaysia for non-Muslims. If your spouse cheated on you, you may be able to claim compensation from the person they cheated with (the co-respondent).

To claim compensation, you must first file a divorce petition and name the co-respondent as a party to the case. You will also need to provide evidence that your spouse committed adultery. This evidence could include:

Eyewitness testimony from someone who saw your spouse having an affair
Text messages or emails between your spouse and the co-respondent showing that they were committing adultery
Hotel receipts or credit card statements that show your spouse and the co-respondent were together at the same time.
Photos or videos of your spouse cheating and others

If the court finds that your spouse committed adultery, they may award you compensation. The amount of compensation will depend on the specific circumstances of your case.

If you are considering claiming compensation for adultery, it is important to speak to a lawyer to discuss your case. A lawyer can help you understand the law and your legal options.

Here are some other things to keep in mind about claiming damages for adultery in Malaysia:

The burden of proof is on you to prove that your spouse committed adultery.
You must also prove that the adultery caused the breakdown of your marriage.

If you are considering claiming damages for adultery in Malaysia, it is important to weigh the pros and cons carefully. You should also speak to a divorce lawyer in Malaysia to discuss your case and get legal advice.

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How the Court Divides Matrimonial Assets During a Divorce in Malaysia

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

How the Court Divides Matrimonial Assets During a Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Going through a divorce can be a difficult and emotional time. One of the most important things to consider during this time is the division of matrimonial assets. The court have the power to order the division of these assets, and they will consider a number of factors when making their decision.

Factors to consider

When a marriage ends in divorce, the court may order the division of the matrimonial assets between the parties. The assets that are subject to division include those that were acquired during the marriage, regardless of who owns them.

The court will consider a number of factors when dividing the matrimonial assets, including:

The extent of the contributions made by each party in money, property, or work towards the acquiring of the assets.
Any debts owing by either party which were contracted for their joint benefit.
The needs of the minor children, if any, of the marriage.

Joint effort

In the case of assets acquired by the joint efforts of the parties, the court will generally incline towards equality of division. However, there may be cases where the court will deviate from this principle, such as if one party made significantly more contributions than the other or if there are special needs of the children.

Sole effort

In the case of assets acquired by the sole effort of one party, the court will still consider the contributions made by the other party to the welfare of the family and the needs of the children. This means that if a housewife who did not contribute monetarily towards acquiring the property can now claim the matrimonial asset if she can prove that she has been taking care of the family and home i.e. cooking for the family & caring for the children etc.

It is important to note that the division of matrimonial assets is a complex matter and there is no one-size-fits-all answer. The best way to determine how your assets will be divided is to speak to a divorce lawyer in Malaysia.

If you are going through a divorce, it is important to seek legal advice from a divorce lawyer in Malaysia who can help you understand your rights and options. A divorce lawyer may also help you negotiate a fair division of your matrimonial assets if necessary in your best interest rather than fighting in the court.

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