Divorce & Family Law

1. Child Custody / Guardians

• Advise on custody right of parents and apply from court for custody / adoption order.

2. Divorce

• Apply for divorce from court (single and joint petition, and other contested divorce)
• Advice of matters to deal with during and after divorce
• Advise on husband and wife’s rights

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In Malaysia, there are two types of divorce and marriage for non-Muslims:

1. Divorce by Mutual Consent (Joint Petition)
Both parties to the marriage can jointly file a divorce where they can mutually agree to divorce. Through a joint petition, both parties can freely decide on the maintenance of the wife and children, the custody and care of the children, and the division of matrimonial assets.

2. Divorce Without Mutual Consent (Unilateral or Single Petition)
Either party to a marriage may file a petition to divorce without the consent of the other party on the ground that the marriage has broken down. The marriage may have ended due to one of the following reasons:
1) The other party has committed adultery;
2) The other party has behaved in such a way that it cannot reasonably be expected to live together;
3) The other party has deserted for a continuous period of at least 2 years; or
4) The parties to the marriage have lived apart for a continuous period of at least 2 years.

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Common misconception:
The parties to the marriage must have been living apart for more than 2 years before a divorce can be filed.

Answer: No, not necessary. Living apart for more than 2 years is merely a reason to file for a single-petition divorce. There are other reasons to file for divorce, as mentioned above.