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Unfair Dismissal in Malaysia
Unfair Dismissal in Malaysia
Drink Driving in Malaysia
Drink Driving in Malaysia
Leave Entitlement in Malaysia
Leave Entitlement in Malaysia

Divorce

Divorce
Varying The Terms of a Divorce Order

Varying The Terms of a Divorce Order

As explained in our post outlining the divorce process in Malaysia, generally there are two types of divorces, joint petition divorce (mutual consent divorce) and unilateral petition divorce. Upon obtaining the Order, the parties are deemed divorced pursuant to the terms agreed in the Order. What happens if the parties (either one party or both parties) want to amend, or vary the terms of the Divorce Order (also known as...
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Divorce
Prenuptial Agreements

Prenuptial Agreements

The law governing marriage and divorce in Malaysia does not explicitly deal with prenuptial agreements. This void, however, does not mean that prenuptial agreements are illegal in Malaysia. In jurisdictions where prenuptial agreements are recognised, they were traditionally used by the wealthy to protect their assets and ensure the wealth “stays in the family” in case of a divorce. These days, more couples tend to draw up prenuptial agreements to...
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Divorce
Divorce in Malaysia

Divorce in Malaysia

In Malaysia, non-Muslim marriages are governed by the Law Reform (Marriage and Divorce) Act 1976. The Act regulates the rights of spouses, the procedures, and grounds for divorce. It also sets out the law regarding maintenance and child custody. The Act allows a married couple to file for divorce by filing a petition to the High Court. Marriages are separated into two groups: Marriages that lasted for more than two...
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Leave Entitlement in Malaysia

In Malaysia, the law only provides entitlement to leave from work for those on low incomes, or who do manual work. For other employees, on higher incomes in a non-manual role, their leave arrangements are dictated by their contract of employment. The law (as set out in the Employment Act 1955), defines an employee as a manual worker, regardless of wage, or employees on a low wage, such as those...

Guardianship in Malaysia

Guardianship in Malaysia is governed by the Guardianship of Infant Act 1961 (GIA). Under the GIA, “guardianship” means having custody of a child and being responsible for the child’s support, health, and education. The guardian also has control and management of the child’s property. In short, a guardian can be defined as a person with legal rights and responsibilities toward a child. A guardian’s duties A guardian has parental rights and duties...

Unfair Dismissal in Malaysia

Any employer who wishes to dismiss an employee must do so with good reason, and in a fair manner. An employee’s right to earn their livelihood is enshrined in Malaysian law, and guaranteed in the federal constitution. Without “just cause and excuse”, employment law in Malaysia makes it clear that an employee’s employment cannot be terminated. Despite this, every year there are still cases which come before the Malaysian Industrial...

Retirement Age in Malaysia

Anywhere in the world, any working individual can retire anytime they want, and the age at which one decides to stop working is entirely dependent on them. However, in Malaysia, no employer can retire their employee before they reach the minimum age set by the law. This article will explore the law on the retirement age of a Malaysian working in the private sector. Here are six fundamental points to...

Grant of Probate and Letters of Administration

The property of a deceased person in Malaysia is dealt with in one of two ways, depending on whether they left a valid will or not. Either the estate is dealt with under the Grant of Probate, or under Letters of Administration. In both cases, until either the Grant of Probate or Letters of Administration are obtained, the estate assets will be frozen. If a valid will exists: executors will...