Divorce in Malaysia
Divorce
Pre-Divorce Counselling in Malaysia
Divorce proceedings can be a complex process to navigate through. It is, therefore, crucial to understand the various stages and options available to both sides involved. One of the compulsory stages before filing for divorce involves attending counselling sessions. This article provides valuable insights and legal advice regarding this pivotal step. The Role of a Counselling Body in Divorce Proceedings Benefits of Seeking Reference to a Counselling Body Before Petitioning...
Divorce
Filing for Adultery in Malaysia – What Does The Law Say?
Definition of adultery Adultery occurs when a married individual engages in sexual activity with someone other than their spouse. One must distinguish between adultery and fornication. In a legal context, adultery is sexual activity between a married man and a married woman, or at least one of them is married. Fornication is sexual activity between two unmarried people, whether or not it leads to marriage. Adultery under Criminal Law No...
Corporate Law
Hierarchy of Courts in Malaysia
In the governing framework of Malaysia, three critical pillars exist: the Executive, Legislative, and Judiciary branches. The judiciary is the court system that decides legal disputes, defends the law, and applies it in legal cases. In every nation, the judiciary plays a crucial role in deciphering and administering the law and resolving disputes between the citizens as between the citizens and the state. The judicial system is the most expensive...
Divorce
Factors in Deciding Child Custody Disputes
Most divorced spouses frequently engage in another battle known as a custody dispute. The Law Reform (Marriage and Divorce) Act 1976 (“LRA”) and the Guardianship of Infant Act 1961 (“GIA”) are two major acts that address custody issues in Malaysia. When determining which parent should be granted custody of a child, both acts stipulate that the kid’s best interest or well-being shall take precedence. This is in line with Article...
Divorce
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...
Divorce
Are Prenuptial Agreements Enforceable in Malaysia?
Law on marriage and divorce in Malaysia Prenups were not common in Malaysia. This is due to cultural and religious beliefs prioritising marriage’s sanctity. Prenups were viewed as a lack of trust or commitment, but things are changing. More and more Malaysian couples are considering prenuptial or premarital agreements before they tie the knot. In jurisdictions where prenuptial agreements are recognised, the wealthy traditionally use them to protect their assets...
Divorce
Divorce for Non-Muslims in Malaysia
In Malaysia, non-Muslim marriages are governed by the Law Reform (Marriage and Divorce) Act 1976. (“LRA”) The Act regulates the rights of spouses, the procedures, and the 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 petitioning the High Court. Marriages are separated into two groups: Marriages that lasted for more than two years;...