Mediation / Settlement Agreements MalaysiaEasy . Fast . Quick
Family disputes can be resolved through mediation/settlement agreements Malaysia. If a partner wants to leave a marriage after all failed attempts at reconciliation, the law permits mediation/settlement agreements Malaysia. Mediation/settlement agreements Malaysia provides a viable option for couples who prefer to stay out of court and out of the limelight. For divorce lawyers Malaysia, just look for us, as we are experts in handling mediation/settlement agreement Malaysia cases.
The Process of Mediation/Settlement Agreements Malaysia
Engage a good and experienced lawyer as your mediator. The mediator is a neutral third party who facilitates communication and decision-making to resolve all marriage and family conflicts in a co-operative and mutual manner.
Through the process of mediation/settlement agreements, both parties will come to a common agreement on parental, financial and property arrangements in their best interests.
The process of mediation/settlement agreements allows the parties the right to live separately but none is allowed to remarry anyone else unless they are divorced because a divorce petition must be filed first.
Under Section 66 of the Law Reform (Marriage & Divorce) Act 1976, a husband cannot inherit anything from his wife if his wife dies intestate (without a will) while they are judicially separated.
However, the wife may inherit from her husband if he dies intestate (without a will) while they are judicially separated.
Mediation/settlement agreements is a good alternative to divorce. The couple will have no marital obligations and are allowed to live separately indefinitely.
Benefits of Mediation/Settlement Agreements Malaysia
1. Mediation is quicker.
The process of reaching settlement is shorter and is dependant on the parties’ schedules and not on the High Court. A typical contested divorce case takes about 2-3 years. A mediation settlement usually takes about less than a year if the parties are amendable.
2. Mediation is cheaper.
The legal fees for a complicated contested divorce case may cause RM25,000-RM75,000.
A typical mediation settlement may cause RM5000-RM15,000 only as it is less time consuming and less paperwork is involved.
3. Mediation is confidential.
This is very important to couples who want to avoid the adverse publicity of washing dirty linen in public. Mediation/settlement agreements is a confidential and practical way to resolve marital and family problems with the help and advice of a professional mediation lawyer, acting as an impartial third party. The lawyer will assist them in focusing on the important issues of the dispute and in giving them wise options for settlement.
4. Mediation empowers.
The parties themselves (not the judge) determine the outcome of their mediation settlement by agreeing on separation terms in their best interests. Mediation settlement empowers couples to take control of making their own choices.
5. Mediation prioritises the children’s interests.
Children of highly contested divorced parents often suffer from trauma of such contentious divorce, resulting in irreparable psychological and emotional distress. Mediation settlement is different. It focuses on protecting the children from parental conflict. The lawyer(mediator) makes the parents more aware of the damaging effects of their disputes on their children’s well-being. Realising this, the parents will focus more on their children’s needs in finding a better workable solution in their children’s best interests.
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Frequently Asked Questions (FAQs)
1) 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.
2) 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.
3) 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.
4) What are the benefits are there in mediation settlement?
Another benefit is the couples can stay apart as long as they like without any marital obligations.
5) Can this couple remarry someone else?
Yes, they can provided they file for divorce first in order to legalise their marriage.
6) How confidential is the Court proceedings in a mediation settlement?
All information revealed during mediation is strictly confidential unlike the public nature of other court proceedings.
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 legal consultation.
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From Our Clients
The following are some of the complimentary comments from our previous clients:-
“I have no feeling for my wife anymore. We tried reconciliation several times but we failed miserably. It did not work out. Finally both of us decided to get a divorce. As we expected, there was no complication as we have no children. The lawyers at The Divorce Lawyer Malaysia were very reliable and showed great teamwork. Our divorce proceedings went smoothly and quickly. Thanks to them. “
“A big thank you to The Divorce Lawyer Malaysia for keeping my private life private during my divorce. I am glad it’s all over and I can move ahead in life now.”
“Great job for expediting my divorce. Thanks. I highly recommend The Divorce Lawyer Malaysia for divorce lawyer services. “