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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