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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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9 Things You Must Know About Non-Muslim Divorce in Malaysia

August 25, 2023 by adminin BlogsLeave a Comment

9 Things You Must Know About Non-Muslim Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a difficult and emotional process for anyone. Here, we unravel 9 things you must know about non-Muslim divorce in Malaysia, aiming to provide clarity and insight into the process and the rights and responsibilities it entails.

Applicable Law: Non-Muslims in Malaysia are subject to the Law Reform (Marriage and Divorce) Act 1976, which governs divorce proceedings, including issues related to matrimonial property, custody, and maintenance.
Grounds for Divorce: Under this act, you can file for divorce on several grounds, including adultery, unreasonable behaviour, desertion, and living separately for at least two years.
No Ground Needed If Divorce is Mutual: There is no need to give ground for divorce if the divorce terms are agreed between parties.
Counseling: Before filing for divorce, non-Muslim couples are required to attend counseling sessions preferably conducted by the National Registration Department of Malaysia (NRD). This is aimed at exploring reconciliation possibilities.
Filing for Divorce: You can initiate divorce proceedings by filing a divorce petition in the Civil Court. Consult with a lawyer to guide you through the process.
Property Division: The court will consider the division of marital assets and property based on contributions of parties and are typically divided fairly, not necessarily equally.
Child Custody: The court will decide child custody arrangements based on the child’s best interests. It may grant joint or sole custody, considering factors like parental capability and the child’s wishes. The court will favor the mother if the child is below the age of 7.
Child Maintenance: Both parents are legally obligated to provide child maintenance, as per the Law Reform (Marriage and Divorce) Act 1976. The amount and terms are determined by the court, taking into account the child’s needs and the parents’ financial capacity.
Maintenance for Spouse: The court may order one spouse to provide maintenance for the other if it is deemed necessary, based on factors like the duration of the marriage, reason for the breakdown of marriage and financial circumstances.

Remember that divorce can be emotionally and financially challenging. If you are a non-Muslim in Malaysia and you are considering divorce, it is important to understand your rights and options. You should also seek legal advice to ensure that you are protected throughout the process.

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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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What Happens After Filing for Divorce in Malaysia?

August 16, 2023October 18, 2023 by adminin BlogsLeave a Comment

What Happens After Filing for Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Introduction:

Divorce is a difficult process, both emotionally and legally. There are many steps involved, and it can be easy to get lost in the paperwork and procedures. One important concept to understand is the decree nisi.

What’s a Decree Nisi?

A decree nisi is a provisional order that is granted by the court when a couple has met the legal requirements for divorce. It’s not a final divorce decree, but it does mean that the marriage is considered to be over for all intents and purposes.

The Waiting Period

After a decree nisi is granted, there is a waiting period of three (3) months before the decree nisi will automatically become absolute. This is also known as a ‘cooling-down’ period to enable parties to reconcile if it is possible.

Making It Official: Decree Absolute

A decree absolute is the final step in the divorce process. It officially ends the marriage and allows both parties to move on with their lives. To obtain a decree absolute, your divorce lawyer must apply to the court. Once the application is approved, your divorce is finalized where your divorce certificate will be issued, and you’re legally free to marry again if you choose.

When Can Your Remarry After Divorce in Malaysia?

Once the decree nisi is made absolute, you and your ex-spouse can remarry if you wish. This can only happen if there’s no right of appeal against the divorce decree, the appeal period has passed without an appeal being made, or an appeal has been dismissed.

In short, you can remarry 3 months later after the ‘cooling-down’ period.

Presumption of Death and Divorce

In unique cases where one spouse is missing and believed to be deceased, a petition can be filed to have the marriage dissolved based on the presumption of death. If there’s evidence that the missing spouse has been absent for at least seven years and there’s no reason to believe they’re alive, a decree nisi of presumption of death and divorce can be granted by the court.

Conclusion

Understanding what happens after the divorce process in Malaysia can help you to understand the process better. Remember that it’s important to consult with a divorce lawyer for guidance tailored to your situation. If you’re going through a divorce, knowing what to expect can provide you with a clearer picture of the journey ahead.

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What to Do If Your Ex-Spouse Is Not Letting You Visit Your Child

August 15, 2023 by adminin BlogsLeave a Comment

What to Do If Your Ex-Spouse Is Not Letting You Visit Your Child by TYH & Co. Divorce Lawyer Malaysia

Children need a relationship with both parents after divorce. This is because both parents play an important role in their child’s development. Parents provide their children with love, support, and guidance. They also help their children to develop their identity and sense of self.

When children do not have a relationship with one of their parents, they can experience a number of negative consequences. These consequences can include:

Feelings of loss and sadness
Low self-esteem
Behavior problems

The impact of divorce on children

Divorce can be a difficult time for children. They may experience a range of emotions, such as sadness, anger, confusion, and guilt. They may also worry about their future and their relationships with their parents.

It is important to remember that every child experiences divorce differently. Some children may cope well with divorce, while others may struggle. It is important to be patient and understanding with your child during this time.

How visitation rights can help children after divorce

Visitation rights can help children after divorce in a number of ways. They can:

Provide children with continued contact with their non-custodial parent
Help children to maintain a sense of normalcy
Reduce feelings of loss and abandonment
Promote emotional well-being
Encourage positive relationships with both parents

Tips for parents for maintaining visitation rights

If you are a parent who is going through a divorce, here are some tips for maintaining visitation rights:

Be consistent with visitation. Try to stick to the visitation schedule that has been agreed upon by the court or by both parents. This will help your child to feel more secure and stable.
Be positive about visitation. Talk to your child about how much you enjoy spending time with them and how important it is to you that they have a relationship with their other parent.
Make visitation fun. Plan activities that your child will enjoy and that will help them to bond with their other parent.
Be flexible. Things don’t always go according to plan, so be prepared to be flexible with visitation. If something comes up that prevents you from seeing your child on the scheduled day, try to reschedule as soon as possible.
Communicate with your child’s other parent. It is important to communicate with your child’s other parent about visitation. This will help to ensure that everyone is on the same page and that your child’s needs are being met.
Be patient. It may take some time for your child to adjust to the new visitation schedule. Be patient and understanding with them.

What to do if your ex-spouse is violating your visitation rights (before or after divorce)

Talk to your ex-spouse (or spouse). Try to resolve the issue directly with your ex-spouse (or spouse). If they are willing to cooperate, you can come up with a new visitation schedule that works for both of you.
File an application to the court. If your ex-spouse (or spouse) is unwilling to cooperate, you can file an application to the court for a visitation order. The court will then decide whether to order your ex-spouse to comply with the visitation order.
Get a lawyer. If you need help enforcing your visitation rights, you should get a lawyer. A lawyer can help you to understand your rights and options and can represent you in court if necessary.

Conclusion

Visitation rights are important for children after divorce. They can help children to maintain a relationship with their non-custodial parent, which is essential for their emotional well-being. If you are a parent who is going through a divorce, it is important to be consistent with visitation, be positive about visitation, make visitation fun, be flexible, communicate with your child’s other parent, and be patient. By following these tips, you can help your child to adjust to the changes of divorce and maintain a healthy relationship with both parents.

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Proof of Breakdown of Marriage in Malaysia: What You Need to Know

August 14, 2023August 14, 2023 by adminin BlogsLeave a Comment

Proof of Breakdown of Marriage in Malaysia What You Need to Know by TYH & Co. Divorce Lawyer Malaysia

Introduction

Marriage is a sacred institution, but it is not always perfect. Sometimes, couples find that their marriage has broken down beyond repair. If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage.

The Law on Proof of Breakdown of Marriage in Malaysia

The law on proof of breakdown of marriage in Malaysia is set out in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. This section states that the court shall have regard to one or more of the following facts in its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage:

That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

In addition to these four grounds, the court may also consider other factors in determining whether there has been a breakdown of marriage, such as the couple’s financial situation, their ability to raise children together, and their overall relationship.

What You Need to Prove to Get a Divorce in Malaysia

In order to get a divorce in Malaysia, you must prove that your marriage has broken down irretrievably. This means that you must show the court that there is no reasonable prospect of the marriage being saved.

The best way to prove a breakdown of marriage is to provide evidence of one of the four grounds listed in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. For example, you could provide evidence of your spouse’s adultery, their unreasonable behavior, their desertion of you, or your two-year separation.

If you are unable to provide evidence of one of the four grounds, you may still be able to get a divorce if you can show the court that your marriage has broken down irretrievably for other reasons. However, this is a more difficult task, and you will need to provide strong evidence to support your case.

What If Both Parties Agree To The Divorce Terms

In such cases, there is no need to provide any reason or ground for a divorce as long as the divorce terms are mutually agreed and proper arrangements have been made between parties accordingly. This is commonly known as a joint petition for divorce.

Getting Help from a Divorce Lawyer

If you are considering divorce in Malaysia, it is important to get help from a qualified divorce lawyer. A divorce lawyer can help you understand the law on proof of breakdown of marriage and can represent you in court.

A divorce lawyer can also help you negotiate a divorce settlement with your spouse. This settlement will determine issues such as child custody, child support, alimony, and division of matrimonial property.

If you are thinking about getting a divorce, it is important to act quickly. The longer you wait, the more difficult it may be to prove a breakdown of marriage and to get a fair settlement.

Conclusion

If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage. A divorce lawyer can help you understand the law and can represent you in court. It is important to act quickly to get a fair settlement.

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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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