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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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