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What Evidence Do You Need to Sue for Adultery in Malaysia?

September 7, 2023 by adminin BlogsLeave a Comment

What Evidence Do You Need to Sue for Adultery in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Adultery is one of the grounds for divorce in Malaysia for non-Muslims under the Law Reform (Marriage and Divorce) Act 1976 (LRA).

However, it is not enough to simply allege that your spouse has committed adultery. You will need to provide evidence to support your claim in order for you to sue and claim for compensation from the alleged adulterer.

So what evidence do you need to sue for adultery in Malaysia?

The type of evidence that will be considered by the court will vary depending on the circumstances. However, some common types of evidence include:

Confession or admission by the spouse. This is the strongest type of evidence, but it is not always possible to obtain.
Photographs or videos of the spouse engaged in an adulterous act. This can be very effective evidence, but it is important to make sure that the photos or videos are genuine and not tampered with.
Witness testimony. This can be from people who saw the spouse engaged in an adulterous act, or from people who know about the affair.
Letters, emails, or other written communication between the spouse and the other person. This can be helpful evidence, but it is important to make sure that the communication is genuine.
Birth certificate of illegitimate children. Having children out of wedlock can be another solid proof to claim for adultery.
Medical evidence. This can be used to prove that the spouse contracted a sexually transmitted disease from the other person.

The court will consider all of the evidence presented to it and decide whether it is sufficient to prove adultery. If the court finds that adultery has been committed, the court may grant the divorce and order that the aggrieved party to be compensated.

It is important to note that adultery is not the only ground for divorce in Malaysia. If you are considering filing for divorce, it is important to speak to a divorce lawyer to discuss your options.

Here are some additional tips for gathering evidence of adultery:

Be discreet. Don’t let your spouse know that you are gathering evidence.
Be thorough. Collect as much evidence as possible.
Be objective. Don’t let your emotions cloud your judgment.
Get legal advice. A lawyer can help you understand the law and gather evidence in a way that is admissible in court.
Seek for a licensed private investigator. Getting professional help may ease the process and ensure that the evidence obtained is admissible in the court.

If you are contemplating to file for a divorce for whatever reason, it is important to seek legal advice from a divorce lawyer to know your stand better and to represent you in court if necessary.

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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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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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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 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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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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