If you are a non-Muslims and considering a divorce in Malaysia, you may be wondering whether to use a government divorce lawyer or a private divorce lawyer. There are several benefits to using a private divorce lawyer, especially for non-Muslim couples.
What is a Government Divorce Lawyer?
A government divorce lawyer is a lawyer under the Legal Aid Department of Malaysia (Jabatan Bantuan Guaman Malaysia). Generally, your income must be less than RM50,000 per year before you are entitled to get legal aid from the government.
This is a government department in Malaysia providing legal aid services only to eligible person under the Legal Aid Act 1971 and their fees are usually lower than the fees of private divorce lawyers. That said, you will also have to apply and go through an application process before you know if you are entitled get legal aid.
Government divorce lawyers may have a high caseload and may not be able to provide as much personalized attention to their clients as a private divorce lawyer can.
If your marriage is childless and no property is involved, it is best to get legal aid from the Legal Aid Department of Malaysia provided that you are eligible.
What is a Private Divorce Lawyer?
A private divorce lawyer is a lawyer who works for themselves and provides legal assistance to people who are getting a divorce. Private divorce lawyers typically charge slightly higher fees than government divorce lawyers, but they may be able to provide more personalized attention to their clients and may be able to handle more complex divorce cases for non-Muslims.
Benefits of Using a Private Divorce Lawyer
There are several benefits to using a private divorce lawyer, especially for non-Muslim couples.
- Personalized attention: Private divorce lawyers typically have a lower caseload than government divorce lawyers, which means that they can provide more personalized attention to their clients. This is especially important for non-Muslim couples with children and matrimonial assets involved.
- Ability to handle complex divorce cases: Private divorce lawyers are typically better equipped to handle complex divorce cases than government divorce lawyers. This is because private divorce lawyers have more experience handling complex divorce cases and have access to more resources.
Examples of Complex Divorce Cases
Complex divorce cases may involve the following:
- Child custody: Child custody disputes can be very complex and time-consuming. A private divorce lawyer can help you to navigate the child custody process and protect your rights.
- Division of matrimonial assets: Dividing assets in a divorce can be complex, especially if you have a high net worth or if you own businesses. A private divorce lawyer can help you to divide your assets fairly and equitably.
- Spousal support: Spousal support can be a complex issue, especially if one spouse has a much higher earning potential than the other spouse. A private divorce lawyer can help you to negotiate a spousal support agreement that is fair and equitable.
How to Choose a Private Divorce Lawyer
When choosing a private divorce lawyer, it is important to consider the following factors:
- Experience: Choose a divorce lawyer who has experience handling non-Muslims divorce cases in Malaysia.
- Reputation: Choose a lawyer with a good reputation and good reviews (from online or offline)
- Communication style: Choose a lawyer who communicates effectively and who you feel comfortable with.
- Fees: Choose a lawyer whose fees are affordable. Be sure to ask about the lawyer’s fees upfront.
If you are considering a divorce in Malaysia, it is important to weigh the benefits of using a government divorce lawyer versus a private divorce lawyer. If you have children or matrimonial assets involved, it is generally recommended to use a private divorce lawyer to ensure that you get the personalized attention and quick response from your divorce lawyer.
If you are eligible for legal aid, we can provide you with legal services at a discounted legal fee.
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