Our Approch on Divorce in Malaysia
and Dissolution of Marriage for Non-Muslims in Malaysia
Unparalleled Strategy for Divorce in Malaysia
Areas of Expertise in Family Law
In Shang & Co. we approach divorce for residents in Malaysia with an unparalleled strategy, giving our client tactical advantages. We carefully implement strategies for our clients based on their backgrounds, financial history, and other factors to be determined by our partners.
Our award-winning lawyers understand that each client has different needs and goals when it comes to divorce. We achieve this through collaboration with prominent professionals in Malaysia or other jurisdictions to give our clients long-term financial benefits.
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Types of Divorce in Malaysia for non-Muslim marriages
Uncontested Mutual Divorce
A marriage in Malaysia can be dissolved by mutual or non-mutual consent of both spouses. If both spouses agree to the divorce and all the terms such as maintenance, children issues and assets then the petition for divorce is to file under s.52 of the Law Reform (Marriage & Divorce) Act 1976. This divorce would be uncontested and there is no need for parties to find fault as to who and what caused the breakdown of the marriage. To read more about uncontested divorce, click here.
However, if both spouses failed to reach any consensus as to the divorce and/or the terms such as maintenance, children issues and assets, then one of the spouses may initiate divorce under s.53 of the Law Reform (Marriage & Divorce) Act 1976 by stating who and what caused the breakdown of the marriage. The spouse who initiates divorce is known as a Petitioner while the other spouse is known as Respondent. This divorce petition may be contested or uncontested.
Uncontested Divorce (Non-Mutual)
The divorce petition filed under s.53 of the LRA 1976 is not a mutual divorce but is also uncontested when the other spouse failed to attend or that he/she cannot be located. To know more about uncontested non-mutual divorce, click here.
The divorce petition filed under s.53 of the LRA 1976 is contested when the Respondent defends the Petition. The Respondent may file in a Cross-Petition together with an Answer to the Petition. To know more about contested divorce, click here.
Contested or Uncontested Divorce
UNCONTESTED OR MUTUAL
If you and your spouse have reached a consensus on all children's issues such as children's custody, care and control, maintenance and visitation rights, matrimonial assets division, and wife maintenance, then the divorce would be uncontested as there are no issues to be contested.
In Shang & Co. we are skilled in negotiating terms for our clients by taking into consideration our client's current and future financial position and plans.
If your spouse failed to respond to your petition, or that the marriage is dissolved on the ground of desertion and that he/she is nowhere to be found, then such divorce is also known as an uncontested divorce.
A divorce is contested when both spouses failed to reach a consensus on any of the terms in relation to children, wife maintenance, and/or assets division. This would mean that the divorce is a fault-based divorce.
A spouse may file a petition to dissolve a marriage only after satisfying the requirements and pre-requisite as set out by Law Reform (Marriage & Divorce) Act 1976.
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By: Dato Chris & Dato Fion
A complete hands-on guide with insights, procedures, and samples on family law practice to be used by judiciary, legal practitioners, students, or anyone who wants to know more about Malaysia family law.