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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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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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How to Get a Divorce Within 2 Years of Marriage in Malaysia

August 8, 2023 by adminin BlogsLeave a Comment

How to Get a Divorce Within 2 Years of Marriage in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce is never easy, but it can be especially difficult if you are married for less than two years as a non-Muslims. In Malaysia, there is a general rule that you cannot seek divorce within two years of the date of your marriage. However, there are exceptions to this rule, and you may be able to get a divorce within two years if you can prove that there were exceptional circumstances or hardship suffered in the course of the marriage.

What is considered “exceptional circumstances or hardship”?

The law does not define what constitutes “exceptional circumstances or hardship”. However, the courts have interpreted this to mean circumstances that are so serious that they make it impossible for the marriage to continue. Some examples of exceptional circumstances or hardship that may be considered grounds for divorce within two years include:

Domestic violence;
Physical or mental abuse;
Adultery;
Desertion; and others.

It is important to note that the courts will also consider the interests of any child born into the marriage when deciding whether to grant a divorce within two years. If there are young children involved, the courts will be reluctant to grant a divorce unless they are satisfied that the divorce is in the best interests of the children.

How to file for divorce within two years of marriage

1. If you believe that you have grounds for divorce within two years of marriage, you will need to be represented by a lawyer, and you will need to provide the court with evidence of the exceptional circumstances or hardship that you have suffered.

2. The court will then consider your application based on the ground submitted. If the application is allowed, then you may only file your divorce petition subsequently.

What happens if my spouse does not agree to the divorce?

If your spouse does not agree to the divorce, you will need to file a contested divorce petition. This means that you will need to go to court and your divorce lawyer will argue your case in the court. The court will then decide whether to grant you a divorce.

It is important to note that it is more difficult to get a divorce if your spouse does not agree to it. However, if you can prove that the marriage has irretrievably broken down, the judge may grant you a divorce.

Getting a divorce within two years of marriage can be a difficult and emotional process. However, if you have grounds for divorce and you are determined to end your marriage, you should be able to get a divorce within two years. It is important to seek legal advice from a qualified divorce lawyer who can help you with the divorce process and ensure that your rights are protected.

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The Best Way to Get Child Custody in Malaysia

August 7, 2023August 7, 2023 by adminin BlogsLeave a Comment

The Best Way to Get Child Custody in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Child custody is one of the most important issues that parents must address when they divorce for non-Muslims.

In Malaysia, the law states that the welfare of the child is the paramount consideration in determining custody. This means that the court will look at what is in the best welfare for the child and also a number of factors to determine which parent is best suited to care for the child, including the child’s age, needs, and wishes.

There are two main types of child custody in Malaysia:

Joint custody: This means that both parents share equal responsibility for the child’s upbringing. This can include sharing decision-making authority, such as where the child will live and what school they will attend, as well as sharing physical custody, such as spending equal amounts of time with the child.
Sole custody: This means that one parent has sole responsibility for the child’s upbringing. This parent will have the final say on all decisions regarding the child, and the other parent will only have visitation rights.

The best way to get child custody in Malaysia is to reach an agreement with your spouse. This can be done through mediation or negotiation. If you are unable to reach an agreement, either party may file a custody application to the court and the court will decide who should have custody.

Here are some tips on how to get child custody in Malaysia:

Gather evidence: Gather evidence that shows that you are the best parent for your child. This could include things like medical records, school reports, and letters from friends and family members who can attest to your parenting skills. Other than that, it is also helpful if you can provide evidence to show that the other parent is unfit to take care of your child such as proofs of drug addiction, violence etc.
Hire a lawyer: It is important to hire a lawyer who is experienced in child custody cases. Your lawyer can help you gather evidence, negotiate with your ex-spouse, and represent you in court.
Be prepared to compromise: It is unlikely that you will get everything you want in a child custody case. Be prepared to compromise with your spouse in order to reach an agreement that is in the best interests of your child.
Be patient: The process of getting child custody can be long and frustrating. Be patient and persistent, and you will eventually achieve your goal. Remember that the ultimate goal is to achieve what is the best for the child.

Here are some additional things to keep in mind when seeking child custody in Malaysia:

The age of the child: The older the child, the more likely the court will take their wishes into account if he/she can give independent opinion.
The child’s needs: The court will consider the child’s physical, emotional, and educational needs when making a custody decision.
The parents’ parenting skills: The court will consider the parents’ ability to provide a safe and stable home for the child.
The parents’ relationship with the child: The court will consider the parents’ relationship with the child and how well they communicate with each other.

If you are seeking child custody in Malaysia, it is important to be aware of the law and your rights. You should also be prepared to gather evidence, hire a lawyer, and be patient. By following these tips, you can increase your chances of getting the custody arrangement that is best for your child.

Conclusion

Getting child custody in Malaysia can be a complex and challenging process. However, by following the tips in this article, you can increase your chances of achieving your goal. Remember, the welfare and best interests of the child are always the paramount consideration.

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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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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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