Family Law

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...

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...

Adoption, formally or informally (fostering), is a common practice in many communities worldwide. It isn’t just a lifeline for children without families or those exposed to abuse, but adoption also fulfils the desires of couples yearning to have a child and expand their families but cannot do so on their own. At the same time, adoption might assist the family unable to raise and bring their children due to disabilities...

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...

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...

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;...