Questionnaire

Mediation

Mediator is a neutral third party that comes in to assist the parties in settling their dispute amicably.

Lawyers take on a new role in facilitating the negotiations. They disqualify themselves if the parties choose to litigate. The process may also be participated by mental health and financial professionals.

Negotiation

A process where lawyers and parties meet and negotiate out of court.

Guardianship

The parent having guardianship of the child, has legal rights over the child, his property, support, health and education.

Custody

The parent having custody of the child, decides in general issues of upbringing and education, and day-to-day care.

Access and Visitation

The parent not having the child’s custody, may be given access or visitation. This visitation may be overnight, and may last for days or weeks.

Adoption

A process where the adoptive parent applies to step into the role of the biological parents.

Violence or abuse

Violence, physical or non-physical, may be perpetrated against the spouse or children. Court remedies are available for their protection.

Legitimacy

This concerns a child born out of wedlock, or to an unmarried couple.

Citizenship

This concerns the child’s status as a non-citizen.

Variation

There are circumstances where child custody, child and spousal maintenance orders may be varied in the family court.

Enforcement of order

Obtaining an order in your favour does not necessarily resolve the matter, unless the order is complied with. If the order is breached, you may have to find ways to have the order enforced.

Setting aside an order

If an order was obtained without your involvement, or under circumstances that make the order questionable or unsafe, fraud being an example, you may have the option to set it aside.

Appeal

You may appeal decisions given by the High Court if you are not satisfied.

Protection order
Prosecutorial process

Protection order

Protective mechanisms are available for survivors of domestic violence, both during and after marriage.

Prosecutorial process

Apart from civil proceedings and monetary compensation, the alleged perpetrator may also be prosecuted in a criminal court.

Divorce

If your spouse agrees or is likely to agree to divorce and your terms, you may divorce by mutual consent. Otherwise, you are looking at a contested divorce.

Judicial Separation

Judicial separation is in many aspects similar to a divorce, the principal difference is that you can’t remarry.

Nullity

Where crucial elements to a marriage are missing, it may be annulled. Depending on the circumstances, the marriage may not be recognized as valid from the beginning, or may be invalidated subsequently.

Third Party to a Marriage

A spouse may name a third party in matrimonial proceedings for alleged adultery, and claim damages.

Division of matrimonial assets

The court looks at a set of criteria in deciding how to divide matrimonial assets, including those in your spouse’s or third party’ name.

Preservation of matrimonial assets

If you are concerned that matrimonial assets may have been or are at risk of being dissipated, it may be necessary for you to apply to preserve these assets until the court issues its final order.

Maintenance for children

It is the father’s primary responsibility to support and maintain the child.

Maintenance for spouse

Husbands are generally responsible for paying maintenance to their wives, unless it is reasonable for wives to maintain themselves.

Foreign Divorce

Issues involving foreign spouse are different from Malaysian citizens. You have to first consider whether you can commence divorce proceedings in Malaysia.

Prevention or return of wrongfully removed or retained children

This is relevant where the child was brought into or removed from Malaysia against your will, or where you anticipate such wrongful removal or retention.

Permission to remove children

Where you intend to relocate the child without the other parent’s agreement, you would require permission from the court.

Overseas Assets

You may still be able to trace and preserve matrimonial assets even if they are situated or acquired overseas.

Is my marriage really over?

8. If you would like to also consider legal aspects of your future decision, you may contact us here

9. I am sorry you feel this way.

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