Information and materials on this page are not intended as legal advice. The writings are usually general, the writer’s own opinion, or need to be read in its context. They may not be always applicable to your circumstances. If you are unsure, please contact us for legal advice.
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.
A process where lawyers and parties meet and negotiate out of court.
The parent having guardianship of the child, has legal rights over the child, his property, support, health and education.
The parent having custody of the child, decides in general issues of upbringing and education, and day-to-day care.
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.
A process where the adoptive parent applies to step into the role of the biological parents.
Violence, physical or non-physical, may be perpetrated against the spouse or children. Court remedies are available for their protection.
This concerns a child born out of wedlock, or to an unmarried couple.
This concerns the child’s status as a non-citizen.
There are circumstances where child custody, child and spousal maintenance orders may be varied in the family court.
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.
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.
You may appeal decisions given by the High Court if you are not satisfied.
Protective mechanisms are available for survivors of domestic violence, both during and after marriage.
Apart from civil proceedings and monetary compensation, the alleged perpetrator may also be prosecuted in a criminal court.
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 is in many aspects similar to a divorce, the principal difference is that you can’t remarry.
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.
A spouse may name a third party in matrimonial proceedings for alleged adultery, and claim damages.
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.
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.
It is the father’s primary responsibility to support and maintain the child.
Husbands are generally responsible for paying maintenance to their wives, unless it is reasonable for wives to maintain themselves.
Issues involving foreign spouse are different from Malaysian citizens. You have to first consider whether you can commence divorce proceedings in Malaysia.
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.
Where you intend to relocate the child without the other parent’s agreement, you would require permission from the court.
You may still be able to trace and preserve matrimonial assets even if they are situated or acquired overseas.
