Category: FAMILY LAW

Introduction Visitation rights (also known as the right to access) is governed under s89(2)(c) of the Law Reform (Marriage & Divorce) Act 1976 (“LRA”) whereby the court may provide for the child to visit a parent deprived of custody or…

This case is regarding an application for a Writ of Habeas Corpus to issue to order that the applicant’s (Loh Siew Hong’s) three children be released from the personal custody of the First Respondent and/or the Second Respondent and be returned to…

Sexual offences against children are not uncommon in Malaysia. Though, it is not widely discussed due to the presence of cultural and religious taboos that circulate around such topics. These taboos, as a result, cause most incidents pertaining to sexual…

It was reported from January to April 2021, a total of 902 cases of domestic violence has been reported in Malaysia. Women, Family and Community Development Minister, Datuk Seri Rina Mohd Harun mentions that one major factor contributing to the…

Marriage is a precious experience in our life and we would expect it to last forever. Like lots of couples, you and your partner enter into marriage, with the hopes of starting a new happy family. Few years later you have children and you start to invest…

Adoption in Malaysia Adoption refers to the act of legally taking another person’s child into your family to raise as your own. Adoptive parents may decide to adopt for many different reasons and for whatever the reasons are, adoption should…

A prenuptial agreement is an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage fail. It is sometimes called a “prenup”, pre-marital agreement, or an ante-nuptial agreement. Nowadays, prenuptial agreements are…

What is ‘Matrimonial Property’? Under the Malaysian family law, Matrimonial property refers to ‘the property that is jointly acquired by spouses of the marriage‘. A married couple has the right to decide who gets what when it comes to separation.…

Both Parental Consent needed for Conversion of non-Muslim Child   On 29 January 2018, the Federal Court held that any conversion of non-Muslim children must get the consent of both parents.   Background After a divorce with Indira Gandhi, Muhammad…

Common Queries About Divorce in Malaysia 1. Must the couple live separately for two years before filing a divorce? It is not mandatory for a couple to live separately for 2 years before they can file for divorce. Separation for…

Division of Assets After a Divorce If I get a divorce, do I automatically get 50% of the assets? According to the case of Yap Yen Piow v Hee Wee Eng [2016], there are three types asset/property for the purposes…

The Right of Illegitimate Muslim Child to Carry Father’s Surname   Background: The National Registration Department (NRD) uses the term “illegitimate child” for child born to unmarried couples. “Illegitimate child” also includes child born within six months of their Muslim…

ARTIFICIAL REPRODUCTION AND WHAT IT MEANS?

What Amounts to Matrimonial Assets? The article governs the division of matrimonial assets among the non-Muslims in Malaysia. Matrimonial assets are assets that are gained during the marriage. This includes all movable properties such as monies, cars, bonds, shares, jewelry,…

Misconceptions about Child Custody in Malaysia It is wrong to assume that a child custody always belongs to the mother. In fact, the Guardianship of Infants Act 1961 (GIA) states that a mother and a father have equal rights and…

There are two forms of adoptions recognised under Malaysian law. Court-authorised adoption under the Adoption Act 1952, applicable to non-Muslims only. Registration of a de facto adoption under the Registration of Adoptions Act 1952. Court-Authorised Adoption If you are a…

In Malaysia, there are two ways through which a marriage can be terminated, namely divorce with mutual consent and divorce without mutual consent. To be eligible for a divorce with mutual consent, the parties must be married for a minimum…

In a Malaysian context, few things to note: 1. Those news articles that one reads about equal 50% distribution to the wife spouse in foreign countries, won’t apply in Malaysia. 2. Malaysia family law generally recognises ‘direct’ financial contribution to…