What to Do If You Receive a Divorce Petition in Malaysia

What to Do If You Receive a Divorce Petition in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Receiving a divorce petition can be a very stressful and emotional experience. It is important to remember that you are not alone, and there are steps you can take to protect your rights and interests.

In Malaysia, divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (Act 164). The Act provides that a divorce may be granted on the ground that the marriage has irretrievably broken down.

If you receive a divorce petition, you will need to file a response AS SOON AS POSSIBLE. In your response, you can either contest the petition or agree to the divorce. Either way, it is advisable to appoint a lawyer to ensure that your rights are protected.

  1. If you agree to the divorce, the court will then proceed to make a decree nisi. This is a preliminary decree that will become absolute after three months. Once the decree nisi is made absolute, the marriage will be dissolved.
  2. If you decide to contest the divorce, then your lawyer may need to get details such as reason for breakdown of the marriage, what you wish to claim for and defend your matter appropriately.

There are a number of things you should do if you receive a divorce petition:

  • Consult with a lawyer. A lawyer can advise you of your rights and responsibilities under the law, and help you to prepare your response to the petition.
  • Gather evidence. If you are contesting the petition, you will need to gather evidence to show that the marriage has not irretrievably broken down. This evidence could include things like letters, emails, or photographs that show that the spouses are still living together as husband and wife.
  • Consider mediation. Mediation is a process where the spouses meet with a neutral third party to try to reach an agreement on the terms of the divorce. Mediation can be a helpful way to resolve disputes quickly and amicably.
  • Seek support. Divorce can be a very difficult time, and it is important to seek support from friends, family, or a therapist. There are also a number of support groups available for people going through divorce.

If you are facing a divorce, it is important to remember that you are not alone. By taking steps to protect your rights and interests, you can help to ensure that the divorce process is as smooth and equitable as possible.

In addition to the above, here are some other things you should keep in mind if you receive a divorce petition in Malaysia:

  • If you have children, the court will make orders for custody, access, and maintenance. The court will always consider the best interests of the child when making these orders.
  • The court will also make orders for property division, spousal maintenance, debt repayment (if any) and others.
  • The divorce process can take several months or even years to complete. It is important to be patient and to work with your lawyer to ensure that your case is handled properly.

Divorce can be a very difficult time but if you appoint the right divorce lawyer and take steps to protect your rights and interests, the divorce process will be as smooth and equitable as possible.

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