What You Can Do If You Don’t Want To Get a Divorce in Malaysia

What You Can Do If You Don't Want To Get a Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult decision for anyone to make. If you are in a non-Muslim marriage in Malaysia and you don’t want to get a divorce, there are a few things you can do if your spouse has initiated the divorce process.

First, it is important to understand the laws governing divorce in Malaysia. Non-Muslim marriages in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. This Act sets out the grounds for divorce, the procedures for obtaining a divorce, and the financial consequences of divorce.

The grounds for divorce in Malaysia are:

  • Adultery
  • Unreasonable behavior
  • Desertion for two years or more
  • Separation of parties for more than two years

If you want to get a divorce, you must file a petition for divorce with the High Court. The petition must state the grounds for divorce and the evidence you have to support your claim. Once the petition is filed, the court will schedule a hearing. At the hearing, both you and your spouse will have the opportunity to present each of your case to the court.

If the judge is satisfied that the grounds for divorce have been met, the court will grant the divorce. The divorce decree will set out the terms of the divorce, such as who will get custody of the children and how the matrimonial assets will be divided.

If you don’t want to get a divorce, you can try to reconcile with your spouse. This may involve seeking counseling or mediation. If you are able to reconcile with your spouse, the petitioner may withdraw the divorce petition.

If you are unable to reconcile with your spouse and you don’t want to get a divorce, you can try to defend the divorce petition. This means that you will have to present evidence to the court to show that the grounds for divorce have not been met.

Here are some additional things you can do if you don’t want to get a divorce in Malaysia:

  • Talk to your spouse. Communication is key and it is essential for parties to communicate effectively to reach an agreement to reconcile.
  • Seek counseling. A therapist can help you and your spouse to communicate better and resolve your differences.

If you are unable to prevent your spouse from obtaining a divorce, you can try to negotiate the terms of the divorce with them. This may involve negotiating custody of the children, alimony, and the division of matrimonial assets.

If you are unable to negotiate the terms of the divorce with your spouse, the court will decide the terms accordingly based on the law. The court will take into account a number of factors when making its decision, such as the length of the marriage, the financial needs of both spouses, and the best interests of any children involved.

The most important thing is to talk to your spouse. Tell them that you don’t want to get a divorce and that you are willing to work on the marriage. If you are both willing to put in the effort, you may be able to reconcile your differences and save your marriage.

If you are unable to reconcile with your spouse, you may need to seek professional help. No matter what you decide, remember that you are not alone and seek for right legal support during this difficult time.

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