Attorney for Divorce

If both parther agree to divorce, you can file a joint petition for divorce. If one party does not agree, you can file a single petition for divorce.

It is advisable to appoint a lawyer when filing for a divorce. The lawyer can guide you through the whole tricky process of divorce.

If you have been married for more than 2 years, you can do so.

Yes. If you have lived apart continuously for at least 2 years, you can do so.

The lawyer must be present. As a general rule, both husband and wife must also be present.

Engage a divorce lawyer to file for a single divorce petition.

You can apply to the court for a single divorce petition through a lawyer.

Yes you can.

Yes. You can appeal twice. First to the Court of Appeal and secondly the final appeal to the Federal Court.

You can get help from 2 organizations offering legal aid.
– The Bar Council Legal Aid Centre set up by The Malaysian Bar.
– The Legal Aid Department under the Prime Minister’s Department.
Before you qualify for legal aid, you have to take an online test to determine if your financial capabilities fall within the necessary boundary. The second test assesses the merits of your case.

For joint divorce petition, either party pays for the whole legal fee or both parties share the legal fee. For single divorce petition, each party has to pay the legal fee.

Generally, the husband has the legal obligation to maintain his ex-wife. But under exceptional circumstances, the ex-wife can be responsible for the husband’s maintenance if he is financially incapable or he is suffering from injury or ill-health.

The court will have to consider the means and status in life of both the parents.

Only the parents can apply but in exceptional circumstances, the High Court may grant temporary custody to the child’s relative or any welfare association that the court deems fit to look after the chil

You can do so any time. You do not need to wait for the divorce proceeding to commence, unlike maintenance claim.

Usually the mother will be given the custody of the young child. But exceptional cases, the court will consider other factors such as the welfare of the child and would act in the child’s best interests.

The Court would not necessarily divide the assets equally, but would usually divide the assets based on the circumstances of the case and would consider the following factors:-
– contribution made by either spouse.
– debts of a spouse for the benefit of both parties.
– needs of the young children (if any).

The Court will consider the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home, caring for the family and the children. However, the party by whose efforts the assets were acquired shall receive a greater proportion.

Get a service of a lawyer who will advise you to apply for a mediation settlement. This is the best option because mediation is confidential, avoiding all the adverse publicity involved in single divorce petition.

The lawyer, as the mediator, is the neutral third party who can facilitate communication and decision-making to resolve your family conflicts in a co-operative manner.

Yes. It is cheaper because it is less time consuming and less paperwork is involved. It is quicker because the process of reaching a common agreement is shorter and is dependent on the parties’ schedules, not on the court.

This means a petition for a decree of nullity can be brought about where a marriage is void or voidable under Section 69 and 70 of the Law Reform (Marriage & Divorce) Act 1976.

A marriage is considered void if either party was already lawfully married to another.

The marriage is considered voidable if the marriage has not been consummated due to the incapability or refusal of the spouse or if the spouse suffers from a mental illness or infectious venereal disease.