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What to Expect During a Divorce in Malaysia

August 2, 2023 by adminin BlogsLeave a Comment

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

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

The Legal Process of Divorce in Malaysia

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

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

Your Rights During a Divorce in Malaysia

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

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

How to Negotiate a Fair Settlement in a Divorce

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

The Importance of Mediation in a Divorce

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

The Benefits of Getting a Specialized Divorce Law Firm in Malaysia

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

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

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

Conclusion

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

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

July 27, 2023July 27, 2023 by adminin BlogsLeave a Comment

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

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

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

Procedure for Obtaining a Divorce

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

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

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

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

Custody, Maintenance and Property Rights

Custody

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

Maintenance

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

Property

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

Conclusion

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

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

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

July 26, 2023July 26, 2023 by adminin BlogsLeave a Comment

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

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

Right to Divorce

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

Right to Maintenance

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

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

Right to Child Custody

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

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

Right to Child Support

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

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

Right to Protection from Domestic Violence

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

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

Additional Information for Non-Muslim Divorce in Malaysia

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

Conclusion

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

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How to Cope with Divorce in Malaysia

July 25, 2023 by adminin BlogsLeave a Comment

How to Cope with Divorce in Malaysia

Divorce is a difficult experience for anyone, but it can be especially challenging in Malaysia. The country has a strong emphasis on family and marriage, so divorce can be seen as a stigma. This can make it difficult for people to cope with the emotional pain of divorce and move on with their lives.

If you are going through a divorce in Malaysia, there are a few things you can do to help yourself cope with the emotional pain:

Allow yourself to grieve. It is important to allow yourself to feel the pain of your loss. Don’t try to bottle up your emotions or pretend that you’re not hurting. It is okay to cry, be angry, or feel sad. Allow yourself to feel your emotions and let them out in a healthy way.
Talk to someone you trust. Talking to a friend, family member, therapist, or counselor can help you to process your emotions and make sense of your experience. Talking about what you are going through can help you to feel less alone and more supported.
Take care of yourself. Make sure you’re eating healthy, getting enough sleep, and exercising. Taking care of your physical and mental health will help you to cope with the emotional challenges of divorce. Make sure you are getting enough sleep and eating nutritious meals. Exercise can also be helpful for releasing endorphins, which can improve your mood.
Don’t isolate yourself. Surround yourself with positive people who will support you through this difficult time. Avoid spending too much time alone, as this can make it harder to cope with your emotions. Make an effort to spend time with friends and family who will be supportive and understanding.
Give yourself time. There is no timeline for healing from divorce. Allow yourself the time you need to grieve and move on with your life. Everyone heals at their own pace, so don’t compare yourself to others. Be patient with yourself and allow yourself to heal at your own pace. It is true when they say that time heals everything.

Here are some additional tips for coping with the emotional pain of divorce in Malaysia:

Remember that you are not alone. There are many people who have gone through divorce and have come out the other side. You are not the only one who is going through this difficult experience.
Don’t be afraid to ask for help. There are many people who are willing to support you through this difficult time. Talk to your friends, family, therapist, or counselor.
Focus on the positive. Divorce can be a time of great change and growth. Focus on the positive things that are happening in your life and the opportunities that lie ahead.
Don’t give up hope. Divorce can be a very difficult experience, but it is possible to heal and move on. Don’t give up hope for a better future.
Getting a good divorce lawyer. If you are going through a divorce, it is very important to get a divorce lawyer who is empathetic and able to defend your rights and interests.

Divorce is a difficult experience, but it is important to remember that you are not alone and help is always out there as long as you are ready to seek for it. By following the tips in this article, you can begin to heal and move on with your life.

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How Much Does It Cost to Get a Divorce in Malaysia?

July 10, 2023 by adminin BlogsLeave a Comment

How Much Does It Cost to Get a Divorce in Malaysia by Divorce Lawyer Malaysia TYH & Co.

Getting a divorce is a difficult and emotional process, and it can also be expensive. In Malaysia, the cost of divorce can vary depending on a number of factors, such as whether the divorce is contested or uncontested, whether the parties have any children and depending if the amount of matrimonial assets that are involved.

In this article, we will discuss the factors that affect the cost of divorce in Malaysia, as well as some tips for reducing your costs.

Factors Affecting the Cost of Divorce in Malaysia

The following are some of the factors that can affect the cost of divorce in Malaysia:

Whether the divorce is contested or uncontested: A contested divorce is one in which the parties disagree on the terms of the divorce. This type of divorce is more expensive than an uncontested divorce, as it will require more legal fees.
Whether the parties have any children: If the parties have children, the cost of the divorce will be higher. This is because there will be additional costs associated with child custody and visitation arrangements.
Whether if there are many matrimonial assets involved: If there are many matrimonial assets involved, the cost of divorce may be higher since there will be more work to be done in terms of splitting the assets between parties.
Whether if the marriage is more than 2 years: If the marriage is less than 2 years, parties will need to demonstrate special circumstances before the court will allow to hear the divorce petition and this will cost more.
The lawyer’s fees: The lawyer’s fees are the largest component of the cost of divorce in Malaysia. The fees will vary depending on the lawyer’s experience and the complexity of the case.

Typical Costs Associated with Getting a Divorce in Malaysia

The following are some of the estimated typical costs associated with getting a divorce in Malaysia:

Legal fees: The legal fees for a divorce in Malaysia can range from RM4000 to RM10000 for an uncontested divorce and RM8000 to RM50000 or more for a contested divorce. (Actual fee depends on the complexity of the matter)
Other costs: Other costs associated with getting a divorce in Malaysia may include the cost of mediation, counseling, additional applications in the court if required etc.

Tips for Reducing the Cost of Divorce in Malaysia

There are a few things you can do to reduce the cost of divorce in Malaysia:

Try to reach an uncontested settlement: If you and your spouse can agree on the terms of the divorce, you can save a significant amount of money on legal fees.
Consider mediation: Mediation is a process in which a neutral third party helps you and your spouse reach an agreement on the terms of the divorce. Mediation can be a less expensive alternative to going to court.

Conclusion

The cost of divorce in Malaysia can vary depending on a number of factors as mentioned above. However, if both parties are willing to compromise and reach a divorce settlement, you can reduce your costs for divorce and make the divorce process a little bit easier.

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