divorce law firm Archives - Trusted Divorce Lawyer in Malaysia

Quick Divorce Information for Non-Muslim in Malaysia

July 12, 2024July 14, 2024 by adminin BlogsLeave a Comment

Quick Divorce Information for Non-Muslim in Malaysia

Are you going through a difficult time of your life now due to marital problems? You are not alone. Get quick divorce information for non-Muslim in Malaysia below.

With proper planning and discussion with your spouse, both of you can make it less painful and move forward to lead a better life ahead. Hence, getting the right legal support is crucial.

Purpose of this article is to provide more information on the essentials that you need to know to get a divorce in Malaysia in simple terms.

Quick Information on Divorce Law

Marriage must be registered for more than 2 years. If your marriage is less than 2 years, you may consider annulment or apply for special permission to get a divorce (must show special circumstances).
Generally, it is always advisable to seek for divorce settlement rather than fighting in the Court to save time and cost.
Divorce terms can be complicated. But the main essential terms that must be agreed upon are custody of children (if any), amount of maintenance for children (if applicable), maintenance for wife (or alimony) and division of assets (matrimonial assets).
The Court shall award the custody of children below the age of 7 to the mother. Only in special circumstances where the father will get the custody of children (for instance, if the mother is abusive).
Amount of maintenance for children and wife must be decided based on means and needs. In short, the amount must be reasonable taking into account the needs of the parties and affordability of the provider.
Division of assets (matrimonial assets) can be complex since there may be many deciding factors. In general, contribution of parties will be assessed. Contribution can be in form or monetary or non-monetary (such as taking care of the family being a housewife).
Any parent without the custody of the children must be given reasonable visitation rights. Only in special circumstances where access will be denied (such as abusive parent).
No need to show ground for divorce for joint petition. On the other hand, applicant must show ground for divorce for single petition.

Quick Information on Divorce Process

Joint Petition (mutual divorce) is generally faster and more cost effective than Single Petition (non-mutual divorce).
For joint petition, parties must sign divorce papers and attend the court hearing (usually 1 time only). Your divorce lawyer shall facilitate for the whole process.
For single petition, the applicant must sign the divorce papers and attend the court hearing. The respondent need not attend as long as the Court is satisfied that he/she is properly informed about the divorce proceedings against him/her. (Take note that single petition for divorce is generally a more complex process and this is only a general guide. In short, one can always file for single petition if his or her spouse does not agree to the divorce or went missing).
Marriage counselling (advisable with Jabatan Pendaftaran Negara) is required before filing for single petition. On the other hand, no need to go for counselling if the divorce is mutual (Joint Petition).

The divorce process and law in Malaysia for non-Muslim can be complicated and confusing. The above information should be taken as a general guide. Therefore, it is always advisable to speak to the right divorce lawyer in Malaysia to understand your needs and rights better in order to save you time and money during this emotional period.

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

Click Below To Chat Live With Our Divorce Lawyer via WhatsApp Now

Joint and Single Petition Divorces: Do You Need Your Own Lawyer?

December 16, 2023July 14, 2024 by adminin BlogsLeave a Comment

Joint and Single Petition Divorces in Malaysia Do You Need Your Own Lawyer by TYH & Co. Divorce Law Firm in Malaysia

Ending a marriage in Malaysia, like most life events, can feel like going through a complex maze. You’re facing emotional turmoil, navigating legal procedures, and making crucial decisions about your future.

One of the first questions that pops up: Do I need my own lawyer for a divorce, especially if we’re filing a joint petition?

Understanding the Divorce Landscape: Joint vs. Single Petition

In Malaysia, you have two main divorce paths: joint petition and single petition.

Joint Petition: This option is ideal for couples who have reached a mutual agreement on the divorce terms, including child custody, property division, and financial settlements. It’s a faster and generally cheaper option compared to a single petition.

Single Petition: This route is chosen when there’s no agreement on the divorce terms, or one spouse refuses to cooperate. It’s a more complex and lengthy process, often involving court hearings and legal battles.

Can Both Parties Hire a Divorce Lawyer?

Now, the big question: Can you share a divorce lawyer with your soon-to-be ex in a joint petition? The answer is yes. Sharing a divorce lawyer is feasible assuming both parties have agreed to all the divorce terms and there is no dispute in between.

When Shared Representation Might Work:

In some cases, shared representation may be suitable if:

The divorce is amicable, and the terms are straightforward.
Both parties trust the lawyer and their ability to act fairly.
You’re confident you can communicate openly and honestly with your ex through the lawyer.

While sharing a lawyer may be a cost-saving measure, having your own lawyer offers significant advantages:

Independent Representation: You have your own divorce lawyer fighting for your specific interests and ensuring your rights are protected.
Personalized Guidance: You get individual attention and can openly discuss your concerns without fear of judgment or bias.
Confidence and Clarity: You have someone to explain legal complexities, guide you through the process, and answer your questions honestly.
Negotiation Expertise: Your lawyer can negotiate effectively on your behalf to ensure a fair and beneficial settlement.

Single Petition: Always Separate Lawyers?

In a single petition divorce, both parties must appoint their own divorce lawyer each. This ensures each spouse has their own legal counsel and protects their individual interests throughout the divorce proceedings.

Moving Forward with Divorce

Ultimately, the decision of whether to share a lawyer or have your own in a joint petition is a personal one. Consider the complexity of your divorce, your individual needs, and the level of trust you have in your soon-to-be ex.

Remember, seeking advice from a qualified divorce lawyer is crucial. They can assess your situation, explain your options, and recommend the best approach based on your unique circumstances.

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

Click Below To Chat Live With Our Divorce Lawyer via WhatsApp Now

Cross-Border Divorce in Malaysia: A Comprehensive Guide for Non-Muslim

November 21, 2023 by adminin BlogsLeave a Comment

Cross-Border Divorce in Malaysia A Comprehensive Guide for Non-Muslim by TYH & Co. Trusted Divorce Lawyer in Malaysia

For non-Muslim couples, cross-border divorce is a possibility, but it can be a complex process in Malaysia. This article provides an overview of cross-border divorce in Malaysia for non-Muslims.

What is cross-border divorce?

Cross-border divorce is a divorce between spouses having different nationalities. In Malaysia, cross-border divorce is governed by the Law Reform (Marriage and Divorce) Act 1976.

When is a cross-border divorce possible in Malaysia?

A cross-border divorce is possible in Malaysia if the monogamous marriage is legally registered under the law (Malaysia or any other country), and the parties are domiciled in Malaysia.

What are the grounds for cross-border divorce in Malaysia?

There is only one ground for cross-border divorce in Malaysia: that the marriage has irretrievably broken down. This must be proved on any one of the following facts:

Adultery: If the spouse has cheated on you, and you cannot continue living with them as a result, you can file for divorce.
Unreasonable behavior: If your spouse’s behavior is so bad that you cannot reasonably expect to live with them any longer, you can file for divorce. This could include things like physical or emotional abuse, addiction, or neglecting their responsibilities towards you or the family.
Desertion: If your spouse has left you without a valid reason for at least two years, you can file for divorce.
Separation: If you and your spouse have been living apart for at least two years, you can file for divorce.

What is the procedure for cross-border divorce in Malaysia?

Joint Petition (Mutual Divorce)

If you and your spouse both want to get a divorce, you can file a joint petition with the court after two years of marriage. The court will then review your petition and make sure that both of you are freely consenting to the divorce and that there is a fair arrangement for the division of assets, alimony, and child custody. If the court is satisfied with these arrangements, it will grant you a divorce decree.

Single Petition (Non-Mutual Divorce)

If there is no agreement on the divorce terms, either party may file a single petition with the court and provide the ground for divorce. The responding party may reply to the petition/defend his or her case.

The court will review and make decision accordingly before granting the divorce and making necessary order pertaining to the division of assets, alimony, and child custody after hearing or full trial.

In conclusion, cross-border divorce in Malaysia is a complex legal process and it is essential to consult with a divorce lawyer in Malaysia who can provide you with comprehensive legal advice and representation throughout the process.

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

How to Get a Divorce in Malaysia If You Are Overseas

November 10, 2023November 10, 2023 by adminin BlogsLeave a Comment

Getting a divorce in Malaysia can be a complex process for non-Muslims, especially if you are overseas. However, it is possible to get a divorce in Malaysia even if you are not living in the country. So what you should do if you wish to move on and get a divorce in Malaysia?

Appointing a Lawyer in Malaysia

The first step in getting a divorce in Malaysia is to appoint a divorce lawyer. Once you have found a divorce lawyer, your divorce lawyer will be able advice & act on your behalf accordingly.

Filing for Divorce

Before your divorce lawyer proceed to file for a divorce, it is essential to determine whether if the petition will be file jointly or unilaterally.

In short, are both parties ready to proceed with the divorce or not? If yes, the divorce lawyer will proceed to prepare for a joint petition. This process will be relatively simpler and cheaper.

On the other hand, if the divorce is not mutual, your divorce lawyer will proceed to prepare for a single petition. This process will take a longer time and there is also a need to go through multiple case management dates fixed by the court where your divorce lawyer will be able to represent you in the court accordingly.

Divorce Hearing

For joint petition, both parties are required to attend the divorce hearing fixed by the court. In the event if any party is not in Malaysia, your divorce lawyer may apply for exemption from the divorce hearing with valid reason. Alternatively, your divorce lawyer may also apply to the court to proceed with the divorce hearing online (commonly via Zoom or video conference). Take note that the court shall have full discretion on this.

For single petition, depending on the circumstances of the case, the court may also proceed with the hearing to be done online. The respondent may not be required to be present as long as the documents are properly sent to him or her and the court is satisfied that the respondent is well informed.

Getting Your Divorce Certificate

Once the court has granted you a divorce, your divorce lawyer will be able to obtain your divorce certificate for you. You can then proceed to update your divorce status with the Jabatan Pendaftaran Negara (JPN) Malaysia accordingly.

In conclusion, if one is currently residing overseas, he or she can appoint a divorce lawyer in Malaysia to start the divorce process and your divorce lawyer should be able to advice you on the process and act on your behalf.

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

Why Getting a Divorce is Not the End

November 10, 2023 by adminin BlogsLeave a Comment

Divorce is often seen as a negative event especially in Malaysia for non-Muslims, but it can also have many benefits. While divorce can be a difficult and emotional process, it can also lead to a happier and more fulfilling life. Here are some of the benefits if you decide to move on to the next chapter of your life.

Improved mental and emotional health

One of the biggest benefits of divorce is that it can improve your mental and emotional health. If you are in a toxic or abusive marriage, divorce can allow you to escape from a harmful situation and start fresh. Divorce can also help to improve your self-esteem and confidence, as you will no longer be in a relationship that is making you feel bad about yourself.

Better relationships with your children

Divorce can also have a positive impact on your relationship with your children. If you are in a difficult marriage, your children may be picking up on the stress and tension. Divorce can create a more peaceful and stable environment for your children to grow up in. It can also allow you to focus on your relationship with your children and give them the time and attention they need.

More independence and freedom

Divorce can also give you more independence and freedom. You will no longer be bound by the expectations and demands of your spouse. You will be free to make your own decisions about your life and pursue your own goals.

A chance to start over

Divorce can also be a chance to start over. You can reinvent yourself and create the life you want to live. You can meet new people, pursue new interests, and travel the world. Divorce can be a new beginning and a chance to live your best life.

Conclusion

Divorce can be a difficult and emotional process, but it can also have many benefits. If you are in a toxic or abusive marriage, divorce can allow you to escape from a harmful situation and start fresh. Divorce can also improve your mental and emotional health, your relationships with your children, and your financial stability. It can give you more independence and freedom, and it can be a chance to start over and live your best life.

Here are some additional tips for getting a divorce in Malaysia:

Find a good divorce lawyer in Malaysia. A good divorce lawyer can help you to understand the law and your rights, and they can represent you in court.
Be prepared to negotiate. Divorce is often a negotiation process, so it is important to be prepared to compromise.
Be patient. Divorce can take time, so it is important to be patient and to stay focused on your goals.

Remember, you are not alone.

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