Essential Divorce Terms in Malaysia for Non-Muslims

Essential Divorce Terms in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce may be a taboo topic for some. However, it is inevitable if you think that getting a divorce may be the best option available rather than remaining in a troubled marriage.

Non-Muslim divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. Essentially, there are a number of different divorce terms that you may need to discuss with your spouse if you wish to get a divorce.

In this article, we will provide a comprehensive guide to the different divorce terms that you need to discuss if you are a non-Muslim contemplating to get a divorce in Malaysia.

Divorce Terms to Discuss

Here are some of the most important divorce terms that you need to discuss with your spouse:

  • Child custody: If you have children, you will need to decide who will have custody of them after the divorce. This can be a complex issue. Remember that it is very important to reach an agreement that is in the best interests of your children and not your personal interest.

  • Access and visitation rights: Generally, the non-custodial parent will be granted reasonable access and visitation rights. Parties can also come to an agreement on specific time and day of visit, rights to go on holiday with the children and even specific days of access during festivals or school holidays.
  • Child support: The non-custodial parent is typically required to pay child support to the custodial parent. The amount of child support is determined on a case-by-case basis, taking into account a number of factors, such as the income of both parents and the needs of the children.

  • Alimony/Spousal support: A husband is required to pay alimony to the wife under the law. The amount is based on the needs and means of parties. Do take note that the amount must be reasonable and spousal support will automatically cease under the law if the wife remarries or living in adultery with another man.

  • Division of property: The court will also divide the matrimonial property between the two spouses based on contribution of parties. It is important to note that the development of law has required that non-monetary contribution (such as cooking or taking care of the family) shall be treated as contribution as well.

  • Miscellaneous: Every divorce case is different and parties are free to agree on any other divorce terms or agreement between them, as long as it is fair and reasonable. However, the court may also inquire into the agreed terms to ensure fairness for both parties.

Tips for a Smooth Divorce

Here are some tips on how to make the divorce process as smooth and stress-free as possible:

  • Be honest and open with your spouse: It is important to be honest and open with your spouse about your reasons for wanting a divorce. This can help to reduce conflict and make the negotiation process easier.
  • Be willing to compromise: It is unlikely that you will get everything you want in a divorce. Be willing to compromise on some issues in order to reach an agreement that you can both live with.
  • Seek legal advice: It is important to seek legal advice from a divorce lawyer before finalizing your divorce. A divorce lawyer can help you to understand your rights and obligations during the process.

If you are a non-Muslim getting divorced in Malaysia, it is important to be aware of the different divorce terms that you need to discuss with your spouse. By being honest and open, willing to compromise, and seeking legal advice from a divorce lawyer, you can make the divorce process as smooth and stress-free as possible.

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