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How to Get a Divorce in Malaysia if You Are Overseas As A Malaysian

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

How to Get a Divorce in Malaysia if You Are Overseas As A Malaysian by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce is never easy, but it is possible for non-Muslim Malaysians to get a divorce overseas. The process is slightly different, but it is still possible.

In this article, we will discuss the steps involved in getting a divorce in Malaysia if you are overseas. We will also provide information on the requirements, and timeline for the process.

We hope this information will be helpful to anyone who is considering getting a divorce in Malaysia while living overseas.

What are the requirements for getting a divorce in Malaysia?

In general, you will need to meet the following requirements:

You must be a Malaysian citizen and domiciled in Malaysia.
Your marriage must have been registered in Malaysia.
You must have been married for at least two (2) years.

How do I file for a divorce in Malaysia if I am overseas?

If you are overseas, you can file for a divorce in Malaysia by contacting a Malaysian divorce lawyer. The lawyer will be able to prepare the necessary paperwork and file the petition on your behalf.

Essentially, your divorce lawyer will advice on whether if you should file for a joint petition or single petition for divorce based on the circumstances of your case.

The divorce petition must be filed in the court of Malaysia.

How long does it take to get a divorce in Malaysia?

The divorce process can take between 3-6 months (for joint petition) or more if it is a single petition. The exact length of time will depend on the circumstances of your case.

What happens after I get a divorce in Malaysia?

Once you have been granted a divorce in Malaysia by the Malaysian court, you will be issued a divorce certificate.

Subsequently, you will also need to update your marital status with the Jabatan Pendaftaran Negara (JPN) which is the Malaysian National Registration Department.

If you are a Malaysian citizen living overseas, it is especially important to seek professional help from a divorce lawyer in Malaysia.

A divorce lawyer in Malaysia will be familiar with the divorce procedures, and they can help you navigate the process smoothly and efficiently. They can also represent you in court, if necessary.

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What to Do If You Receive a Divorce Petition in Malaysia

August 4, 2023August 4, 2023 by adminin BlogsLeave a Comment

What to Do If You Receive a Divorce Petition in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Receiving a divorce petition can be a very stressful and emotional experience. It is important to remember that you are not alone, and there are steps you can take to protect your rights and interests.

In Malaysia, divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (Act 164). The Act provides that a divorce may be granted on the ground that the marriage has irretrievably broken down.

If you receive a divorce petition, you will need to file a response AS SOON AS POSSIBLE. In your response, you can either contest the petition or agree to the divorce. Either way, it is advisable to appoint a lawyer to ensure that your rights are protected.

If you agree to the divorce, the court will then proceed to make a decree nisi. This is a preliminary decree that will become absolute after three months. Once the decree nisi is made absolute, the marriage will be dissolved.
If you decide to contest the divorce, then your lawyer may need to get details such as reason for breakdown of the marriage, what you wish to claim for and defend your matter appropriately.

There are a number of things you should do if you receive a divorce petition:

Consult with a lawyer. A lawyer can advise you of your rights and responsibilities under the law, and help you to prepare your response to the petition.
Gather evidence. If you are contesting the petition, you will need to gather evidence to show that the marriage has not irretrievably broken down. This evidence could include things like letters, emails, or photographs that show that the spouses are still living together as husband and wife.
Consider mediation. Mediation is a process where the spouses meet with a neutral third party to try to reach an agreement on the terms of the divorce. Mediation can be a helpful way to resolve disputes quickly and amicably.
Seek support. Divorce can be a very difficult time, and it is important to seek support from friends, family, or a therapist. There are also a number of support groups available for people going through divorce.

If you are facing a divorce, it is important to remember that you are not alone. By taking steps to protect your rights and interests, you can help to ensure that the divorce process is as smooth and equitable as possible.

In addition to the above, here are some other things you should keep in mind if you receive a divorce petition in Malaysia:

If you have children, the court will make orders for custody, access, and maintenance. The court will always consider the best interests of the child when making these orders.
The court will also make orders for property division, spousal maintenance, debt repayment (if any) and others.
The divorce process can take several months or even years to complete. It is important to be patient and to work with your lawyer to ensure that your case is handled properly.

Divorce can be a very difficult time but if you appoint the right divorce lawyer and take steps to protect your rights and interests, the divorce process will be as smooth and equitable as possible.

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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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Divorce Process in Malaysia for Non-Muslims: A Step-by-Step Guide

July 18, 2023 by adminin BlogsLeave a Comment

Divorce Process in Malaysia for Non-Muslims A Step-by-Step Guide by TYH & Co. Divorce Lawyer Malaysia

Divorce as a non Muslim in Malaysia is a difficult process. The laws governing divorce in Malaysia are complex, and the process can be lengthy and expensive. However, there are steps you can take to make the process go more smoothly.

In this guide, we will walk you through the step-by-step process of getting a divorce in Malaysia as a non-Muslim. We will cover everything from consulting a lawyer to finalizing the divorce decree in Malaysia.

Consulting a Lawyer

The first step in the divorce process is to consult with a lawyer. A lawyer can help you understand your legal rights and options, and they can represent you in court if necessary.

When choosing a lawyer, it is important to find one who is familiar with the laws governing divorce in Malaysia. You should also ask about the lawyer’s fees and his or her expertise.

Filing a Divorce Petition

Once you have consulted with a lawyer, they will file a divorce petition on your behalf. The divorce petition will set out the grounds for your divorce and your requests for child custody, maintenance, and property division. Alternatively, it may be a joint petition if both parties agree to the divorce terms.

The court will then set a hearing date for your case. You and your spouse will need to attend the hearing, and the judge will decide whether to grant your divorce.

During the hearing of your divorce proceeding, the court will decide the following terms:

Child Custody

If you have children, the court will also need to decide who will have custody of the children. The court will consider a number of factors when making this decision, including the wishes of the children, the parents’ ability to care for the children, and the children’s best interests.

Maintenance of Spouse & Children

If one spouse is unable to support themselves financially, the court may order the other spouse to pay maintenance. The amount of maintenance will be determined by the court, and it will be based on a number of factors, including the spouses’ incomes and expenses.

Property Division

The court will also need to divide the property that was acquired during the marriage based on what is fair and just in accordance to the divorce law in Malaysia.

Decree Nisi

If the judge grants your divorce after the terms are decided, they will issue a decree nisi. The decree nisi is a temporary order that dissolves your marriage. However, the decree nisi is not final. You will need to wait three months before the decree nisi becomes a final decree (or absolute) under the divorce law in Malaysia.

Decree Absolute

After three months, the decree nisi will become a final decree. This means that your marriage will be legally dissolved, and you will be free to remarry.

Conclusion

The divorce process in Malaysia can be complex and challenging, but it is important to remember that you have rights. By consulting with a lawyer and following the steps outlined in this guide, you can make the process go more smoothly.

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Divorce Lawyer for Women in Malaysia: Know your Rights

July 15, 2023July 15, 2023 by adminin BlogsLeave a Comment

Divorce Lawyer for Women in Malaysia Know your rights by TYH & Co. Best and Trusted Divorce Lawyer in KL Selangor Malaysia

Going through a divorce can be an emotionally and legally complex process, especially for non-Muslim women in Malaysia. It is crucial to understand your rights and secure professional legal assistance from a specialized non-Muslim divorce lawyer.

In this article, we will explore the key aspects of non-Muslim divorce laws in Malaysia, empower you with knowledge about your rights, and guide you in finding the right non-Muslim divorce lawyer to protect your interests.

Understanding Non-Muslim Divorce Laws in Malaysia

Non-Muslim divorce in Malaysia is governed by the Law Reform (Marriage and Divorce) Act 1976, which applies to civil marriages. It is important to familiarize yourself with the key provisions of this Act to navigate the divorce process effectively. Here are the essential aspects of non-Muslim divorce laws in Malaysia:

Reason for Divorce: Parties must prove the irretrievable breakdown of marriage: This ground is often used when the marriage has broken down beyond repair, with no possibility of reconciliation.

Child Custody and Financial Matters: Non-Muslim divorce proceedings also involve decisions related to child custody, visitation rights, and the division of assets and financial matters. A non-Muslim divorce lawyer will provide guidance and ensure that your interests are protected in these important aspects.

The Importance of a Divorce Lawyer for Women

Hiring a non-Muslim divorce lawyer specializing in women’s rights is crucial to protect your interests and navigate the divorce process successfully. Here’s why engaging a knowledgeable non-Muslim divorce lawyer in Malaysia is essential:

Expert Legal Advice: A specialized divorce lawyer will provide you with expert advice tailored to your specific circumstances. They will explain the legal procedures, your rights, and the potential outcomes of your case, empowering you to make informed decisions.
Effective Representation: A divorce lawyer will represent your interests throughout the divorce process. They will negotiate on your behalf, ensuring a fair resolution regarding child custody, visitation rights, and the division of assets. If the case goes to court, they will provide strong representation to safeguard your rights.
Documentation and Paperwork: Divorce involves extensive paperwork, including drafting and reviewing legal documents such as divorce petitions, agreements, and financial statements. A divorce lawyer will handle all necessary documentation, ensuring accuracy and representing your interests effectively.
Emotional Support: Divorce can be emotionally draining. A compassionate divorce lawyer will offer support, empathy, and guidance during this challenging time. They will help you make decisions with clarity and provide reassurance throughout the process.
Knowledge of Non-Muslim Divorce Laws: A specialized non-Muslim divorce lawyer possesses in-depth knowledge of the relevant laws and regulations concerning non-Muslim divorce in Malaysia. They will ensure that your rights are protected and that all legal requirements are met.

Conclusion

Getting a divorce in Malaysia can be a complex journey, but understanding your rights and seeking professional legal assistance is crucial. By hiring a right divorce lawyer specializing in women’s rights, you can protect your interests and navigate the legal process effectively.

Contact a trusted divorce lawyer for women in Malaysia today to ensure your rights are protected and your interests are safeguarded throughout the divorce process.

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Divorce Lawyer for Men in Malaysia: Protect Your Rights and Interests

July 15, 2023 by adminin BlogsLeave a Comment

Divorce Lawyer for Men in Malaysia Protect Your Rights and Interests by TYH & Co. Best and Trusted Divorce Lawyer In KL Selangor Malaysia

Divorce is never easy, but it can be especially difficult for men in Malaysia. The law can often be stacked against men in divorce cases, and it is important to have an experienced divorce lawyer who can help you protect your rights and interests.

A good divorce lawyer will be familiar with the Malaysian law and will be able to advise you on your options. They will also be able to represent you in court and fight for your best interests.

Here are some of the things that a divorce lawyer can help you with:

Understanding your rights and options: The law can be complex, and it is important to understand your rights and options before you make any decisions. A divorce lawyer can help you understand the law and explain your options to you.
Negotiating a settlement: In many cases, it is possible to reach a settlement with your spouse without going to court. A divorce lawyer can help you negotiate a settlement that is fair to you and your family.
Representing you in court: If you are unable to reach a settlement, your divorce lawyer will represent you in court. They will fight for your best interests and make sure that you get a fair outcome.

Here are some of the challenges that men face in divorce cases in Malaysia:

The law can be stacked against men: The Malaysian law is often seen as being biased against men in divorce cases. For example, the law often favors women when it comes to child custody and alimony.
Men are often seen as the “breadwinners”: In Malaysia, there is still a perception that men are the “breadwinners” of the family. This can make it difficult for men to get fair treatment in divorce cases, as they may be seen as being less financially dependent on their spouse.
Men may be reluctant to seek help: Men may be reluctant to seek help from a divorce lawyer, as they may feel that it is a sign of weakness. However, it is important for men to remember that seeking help from a lawyer is not a sign of weakness. In fact, it is a sign of strength and maturity.

If you are a man going through a divorce in Malaysia, it is important to have an experienced divorce lawyer on your side. A good divorce lawyer can help you protect your rights and interests and get the best possible outcome for you and your family.

Here are some tips for finding a good divorce lawyer for men in Malaysia:

Do your research: Once you have a few names, do some research online and read reviews online.
Interview potential lawyers: Once you have narrowed down your list, interview potential lawyers. This will give you a chance to meet with them and ask questions.
Make sure you feel comfortable with the lawyer: It is important to feel comfortable with the lawyer you choose. You will be working with them closely during your divorce, so it is important to find someone you can trust.

If you are going through a divorce, it is important to remember that you are not alone. By following these tips, you can find a good divorce lawyer who can help you protect your rights and interests.

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