Our legal and family law services include divorce(contested and uncontested), maintenance for spouse and children, custody of children, division of matrimonial properties and assets, mediation/settlement agreements and annulment of marriage. Our probate lawyers also specialise in the Grant of Probate and Letters of Administration applications.
Divorce (Contested & Uncontested)
Under the Law Reform (Marriage & Divorce) Act 1976, a married couple could dissolve a marriage with a divorce proceeding by presenting a petition to the court. The Law Reform (Marriage & Divorce) Act 1976 only governs non-Muslim marriages and divorces in Malaysia.
Maintenance for Spouse and Children
The law of maintenance for spouse and children is based on the principle that one who has the means to maintain his family should do so. It may be awarded by the court or agreed between the parties.
Custody of Children
According to Section 89 (1) Law Reform (Marriage and Divorce) Act 1976, the court empowers the person given custody to decide the upbringing and education of the child. The custody of a child comprises legal rights and responsibilities in raising the child and personal supervision of the child’s upbringing especially the right to keep the child in the custodian’s home.
Division of Matrimonial Properties and Assets
We advise clients on matrimonial property and asset planning to ensure they get what is rightfully theirs, enabling them to move ahead with their life after divorce. We handle all kinds of division of matrimonial properties and assets such as land and houses, motor vehicles, Employees Provident Fund (EPF), company shares as well as local and overseas investments.
Family disputes can be resolved through mediation/settlement agreement. If a partner wants to leave a marriage after all failed attempts at reconciliation, the law permits mediation/settlement agreement. Mediation/settlement agreement provides a viable option for couples who prefer to stay out of court and out of the limelight.
Annulment of Marriage
Annulment of Marriage in Malaysia is governed by the Law Reform (Marriage & Divorce) Act 1976. A void marriage means the valid marriage does not exist at the time of the solemnisation of the marriage. A voidable marriage means the valid marriage exist at the time of solemnisation until it is annuled by the court.
Grant of Probate
Grant of Probate is a legal document, issued by the Malaysian High Court, empowering the executor, named in the valid Will of the deceased, to manage and distribute the inheritance according to the Will. Our probate lawyers will give expert advice on the fiduciary duties and responsibilities of an executor and assist the beneficiaries of the inheritance regarding their rights.
Letters of Administration
Letters of Administration must be filed to the Malaysian High Court or the Amanah Raya Berhad or the District Land Administrator depending on the value of the estate. If the deceased dies intestate (without a Will), the next of kin, with the help of our probate lawyers, can file for Grant of Letters of Administration. This empowers the administrator to manage and distribute the inheritance. Our lawyers’ expert advice can help to resolve conflicts and issues concerning the inheritance. Our lawyers handle all cases professionally and discreetly as well.