1) How do I get a divorce?

If both parties agree to the divorce, get our lawyers to file a joint petition for divorce. If one spouse wants a divorce, then get our lawyers to file a single petition for divorce.

 

2) Do I need to engage a lawyer for my divorce? Can’t I deal directly with the High Court myself?

It is advisable to appoint a lawyer when filing for a divorce. The lawyer can guide you through the whole tricky process of divorce.

 

3) Can I file for divorce in Malaysia in the case of incompatible personalities?

If you have been married for more than 2 years, you can do so.

 

4) If I live separately with my spouse for more than 2 years, can I file for divorce immediately?

Yes. If you have lived apart continuously for at least 2 years, you can do so.

 

5) Who must attend the court hearing for divorce?

The lawyer must be present. As a general rule, both husband and wife must also be present.

 

6) I have an unfaithful husband involved in adultery. What legal action can I take?

Engage a divorce lawyer to file for a single divorce petition.

 

7) I could not find my partner and I have lost all contact with my partner. Can I still apply for a divorce?

You can apply to the court for a single divorce petition through a lawyer.

 

8) Can I remarry my former spouse after the divorce?

Yes you can.

 

9) If I am not satisfied with the High Court’s decision, can I file an appeal?

Yes. You can appeal twice. First to the Court of Appeal and secondly the final appeal to the Federal Court.

 

10) What shall I do if I cannot afford to hire a lawyer?

You can get help from 2 organisations offering legal aid.

– The Bar Council Legal Aid Centre set up by The Malaysian Bar.

– The Legal Aid Department under the Prime Minister’s Department.

Before you qualify for legal aid, you have to take an online test to determine if your financial capabilities fall within the necessary boundary. The second test assesses the merits of your case.

 

11) Who shall pay for the divorce?

For joint divorce petition, either party pays for the whole legal fee or both parties share the legal fee. For single divorce petition, each party has to pay the legal fee.

 

12) Who is entitled to spouse maintenance?

Generally, the husband has the legal obligation to maintain his ex-wife. But under exceptional circumstances, the ex-wife can be responsible for the husband’s maintenance if he is financially incapable or he is suffering from injury or ill-health.

 

13) How does the court determine child maintenance?

The court will have to consider the means and status in life of both the parents.

 

14) How does the court determine wife maintenance?

The court shall base its assessment on the means and needs of the parties and shall consider the degree of responsibility to each party for the breakdown of the marriage.

 

15) Who can apply for child custody?

Only the parents can apply but in exceptional circumstances, the High Court may grant temporary custody to the child’s relative or any welfare association that the court deems fit to look after the child.

 

16) When can I apply for the custody of my children?

You can do so any time. You do not need to wait for the divorce proceeding to commence, unlike maintenance claim.

 

17) Who can take custody of my child who is 3 years old?

Usually the mother will be given the custody of the young child. But exceptional cases, the court will consider other factors such as the welfare of the child and would act in the child’s best interests.

 

18) How does the Court divide the matrimonial assets after a divorce?

The Court would not necessarily divide the assets equally, but would usually divide the assets based on the circumstances of the case and would consider the following factors:-

– contribution made by either spouse.

– debts of a spouse for the benefit of both parties.

– needs of the young children (if any).

 

19) How are assets acquired during the marriage divided?

The Court will strive to make a fair and equitable division of the assets or the proceeds of the sale of these assets.

 

20) How is the division of matrimonial assets if one party contributed more than the other in acquiring these assets?

The Court will consider the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home, caring for the family and the children. However, the party by whose efforts the assets were acquired shall receive a greater proportion.

 

21) I can’t live with my wife any longer. I want a divorce but I dislike all the publicity in a divorce. What can I do?

Get a service of a lawyer who will advise you to apply for a mediation settlement. This is the best option because mediation is confidential, avoiding all the adverse publicity involved in single divorce petition.

 

22) What is the role of the mediation lawyer?

The lawyer, as the mediator, is the neutral third party who can facilitate communication and decision-making to resolve your family conflicts in a co-operative manner.

 

23) Is mediation settlement cheaper and quicker?

Yes. It is cheaper because it is less time consuming and less paperwork is involved. It is quicker because the process of reaching a common agreement is shorter and is dependent on the parties’ schedules, not on the court.

 

24) What is the meaning of annulment of a marriage?

This means a petition for a decree of nullity can be brought about where a marriage is void or voidable under Section 69 and 70 of the Law Reform (Marriage & Divorce) Act 1976.

 

25) When is the marrriage void?

A marriage is considered void if either party was already lawfully married to another.

 

26) When is the marriage voidable?

The marriage is considered voidable if the marriage has not been consummated due to the incapability or refusal of the spouse or if the spouse suffers from a mental illness or infectious venereal disease.

 

Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.