Quick Divorce Information for Non-Muslim in Malaysia

Quick Divorce Information for Non-Muslim in Malaysia by TYH & Co. Trusted and Affordable Divorce Lawyer in KL Selangor Malaysia

Quick Divorce Information for Non-Muslim in Malaysia

Are you going through a difficult time of your life now due to marital problems? You are not alone. Get quick divorce information for non-Muslim in Malaysia below.

With proper planning and discussion with your spouse, both of you can make it less painful and move forward to lead a better life ahead. Hence, getting the right legal support is crucial.

Purpose of this article is to provide more information on the essentials that you need to know to get a divorce in Malaysia in simple terms.

Quick Information on Divorce Law

  • Marriage must be registered for more than 2 years. If your marriage is less than 2 years, you may consider annulment or apply for special permission to get a divorce (must show special circumstances).
  • Generally, it is always advisable to seek for divorce settlement rather than fighting in the Court to save time and cost.
  • Divorce terms can be complicated. But the main essential terms that must be agreed upon are custody of children (if any), amount of maintenance for children (if applicable), maintenance for wife (or alimony) and division of assets (matrimonial assets).
  • The Court shall award the custody of children below the age of 7 to the mother. Only in special circumstances where the father will get the custody of children (for instance, if the mother is abusive).
  • Amount of maintenance for children and wife must be decided based on means and needs. In short, the amount must be reasonable taking into account the needs of the parties and affordability of the provider.
  • Division of assets (matrimonial assets) can be complex since there may be many deciding factors. In general, contribution of parties will be assessed. Contribution can be in form or monetary or non-monetary (such as taking care of the family being a housewife).
  • Any parent without the custody of the children must be given reasonable visitation rights. Only in special circumstances where access will be denied (such as abusive parent).
  • No need to show ground for divorce for joint petition. On the other hand, applicant must show ground for divorce for single petition.

Quick Information on Divorce Process

  • Joint Petition (mutual divorce) is generally faster and more cost effective than Single Petition (non-mutual divorce).
  • For joint petition, parties must sign divorce papers and attend the court hearing (usually 1 time only). Your divorce lawyer shall facilitate for the whole process.
  • For single petition, the applicant must sign the divorce papers and attend the court hearing. The respondent need not attend as long as the Court is satisfied that he/she is properly informed about the divorce proceedings against him/her. (Take note that single petition for divorce is generally a more complex process and this is only a general guide. In short, one can always file for single petition if his or her spouse does not agree to the divorce or went missing).
  • Marriage counselling (advisable with Jabatan Pendaftaran Negara) is required before filing for single petition. On the other hand, no need to go for counselling if the divorce is mutual (Joint Petition).

The divorce process and law in Malaysia for non-Muslim can be complicated and confusing. The above information should be taken as a general guide. Therefore, it is always advisable to speak to the right divorce lawyer in Malaysia to understand your needs and rights better in order to save you time and money during this emotional period.

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