Sunday, June 29, 2008

Non Muslim Divorce Proceeding-brief email question & answer

the email:-

hello..
my fren is planning for a divorce and she has no clue about the regulations abt it and she need a lawyer to help through the process..
her situation is like this:

she is married but not fully 1 year. she dun have any children.she wanted divorce as she feels that she and her husband are not suitable anymore. no more more particular reason..

any of ur reply i will forward it to her..

hope to hear from u soon..hope tat u can help her..thanx..

the brief answer:-

Hi,

no divorce petition can be brought to court within 2 years of marriage except for very strong reason eg intolerable marriage with eminent danger to either wife or husband (normally wife).

there 3 reasons to get divorce, one of simple reason to give irrevocable broken down of marriage.

establish the first requirement and your friend can file the divorce petition either joint petition (both husband and wife agree to a divorce) or single petition filed by one of the party (the other party may or may not agree to the petition).

advice: joint petition is much simpler and easier to get (much cheaper too)

the follow up email:-

Hi,

i know that from if the joint petition divorce, the case may take 1.5 to 2 years. but in her situation now, she wanted divorce as she feel that she and her husband is longer suit each other. but i dont think that the reason do fulfill the 3 reqiurements set for the filing a divorce. they do have slightly argument, and other than that her husband is fulfilling his duties.
and single petition divorce, the case may take more than 2 years. it is quite long and tiring and difficult.

and in her case, should she wait until they marriage turn 2 years and then only file for divorce?
how much do you normally charge to handle a divorce case?

hope to hear from you soon.

thanx.

the reply:-

Waiting after 2 years of marriage then only can file the divorce petition is law requirement (be it whatever reason given within the 3, the most simple is irrevocable broken down of marriage)

292 comments:

  1. i am currently at the same dillema. we can't divorce due to our marriage is less than 2 years. He lose temper on me everyday but no physical attacks to me. On this ground, can we divorce ???

    ReplyDelete
  2. Hi,

    Law Reform (Marriage & Divorce) Act 1976, Section 50. Restriction on petitions within two years of marriage.

    (1) Subject to subsection (2), no petition for divorce shall be presented to the court before the expiration of the period of two years from the date of the marriage (hereinafter in this section referred to as "the specified period").

    (2) A Judge of the court may, on an application made to him, allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional circumstances or hardship suffered by the petitioner; but in determining the application the Judge shall have regard to the interests of any child of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties during the specified period.

    (3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.

    now, as I mentioned earlier, the prohibition of presenting a divorce proceeding before the specified period will subject to sub-section 2 above.

    what you need to establish before the judge is that your case having '... one of exceptional circumstances or hardship suffered by the petitioner...'.

    once you consider your hubby attitude of losing temper is a kind of intolerable and exceptional circumstances and that resulting (maybe) hardship to you mentally or physically... then I think the court may consider..

    ReplyDelete
  3. Hi,

    I am having the same situation as the above. It is now entering the 2ne year of my marriage (registered on Oct 2006). We have decided to split one year ago and understand that it needs two years from the registration before we can file a petition.

    Could you guide me on what I should do next. I have not appointed any lawyer yet.

    Thanks.

    KC

    ReplyDelete
  4. Hi Kamarul,

    I am glad that I found your blog and really hope if you could guide me through this.

    We registered in Oct 2006 and 10 months after registration, he decided to call off the marriage. He think we are not suitable to be together.I respect his decision.

    Since now it has past 2 years and I like to know what I can do in order to proceed for the petition for divorce. I have not engage any lawyer yet. Do I have to do so?

    Thanks a lot.

    ReplyDelete
  5. hi KC,

    if both parties (husband and wife) agree to divorce, why don't you guys present a joint petition, it is faster and cheaper.

    Get a lawyer that does divorce proceeding, and i am sure things will be handled properly.

    You have to set a proper brief appoinment with before i could give more specific advice on your case (note: we may or may not agree to engange any professional solicitor-client relationship, at the meeting).

    ReplyDelete
  6. Hi Kamarul,

    My friend has a different situation.

    1.) She has been married for 5 years+.
    2.)Her husband went missing 1 year ago due to "loan shark" problem, but half a year ago, her husband appeared and stayed with his mother for 2 months, then went missing again. She did lodge a police report the first time her husband went missing.
    3.)She has 2 kids with her husband and she is all the while taking care the child by her own.

    Now, she want to divorce with her husband as her husband is such a irresponsibility man.

    How can she proceed with the divorce and how much it will cost roughly? My friend is not so well to do and she can hardly get support from her family as her husband had borrowed RM30,000.00 from her family without repay any single cent.

    Thanks,
    Jo

    ReplyDelete
  7. hi josephine,

    well look like the poor wife has no choice but to file single petition divorce proceeding in high court...

    single petition means one party petition (ie the wife) with or with the husband knowledge of her intention..

    however, once extracted (the petition papers) from the court, the wife must serve the papers to the husband at his known address, may be his mom's house...

    the wife may claim specific order for her maintainance and for he children..

    now, should the husband fails to turn up in court, after dully served..the court may grant the decree nisi order (divorce order) and perhaps together with other claims such as maintanance and so on...

    single petition divorce might take slightly longer than joint divorce petition (that's not to mention if the husband objects the petition..and court set for trial!)..however, do not take this as a hindering factor, you must decide what is the best for you (fren) and most important your (fren) children..

    i dare not not spell out how much it roughly cost, you may contact nearest lawyer to have your 'quotation' (tips: normally single petition higher than joint petition, moreover if it is complecated...i mean highly contested)

    as for the other issue regarding family loan, your family may initiate legal claim/debt recovery procedings from the husband...

    good luck

    ReplyDelete
  8. email question i post it again over here together with my answer.

    Date: Sun, 2 Nov 2008 01:27:58 -0800
    From: deleted
    Subject: Advice on divorce procedures
    To: ki_my@hotmail.com



    Hi, I came across your blog and need your advice on divorce procedures. My husband and I were married in November 2007 and both agreed to file for a divorce.

    I understand that under the Msian law, no divorce petition can be brought to the court under 2 years of the marriage period. However, I will be traveling abroad for studies in July 2008.

    Is there a possibility of getting it done by then? Would appreciate it if you could revert at your soonest convenience.

    Thanks

    answer:-

    hi,

    if you read my posting regarding the divorce law in Malaysia, you might have general idea already on whether or not you may file a divorce petition. well obviously the answer is no, coz your marriage is yet beyond 2 years.

    there is no other way to have your divorce even by agreement of both parties (husband and wife) except by reason of seriuos danger to the wife or special circumstances (but studying abroad is not good enough).

    well, alternatively, what you can do is to enter into a separation agreement between the husband and wife, the agreement is a temporal move until your marriage reaches the age of 2 years. in the agreement you may stipulate a lot of thing for example; place of living husband and wife (separate), custody of children (if any), maintainance, etc.

    i could not promise you to find 'special circumstance' for you to file your divorce petition now (before 2 yrs) but i could help you on preparing the speration agreement legally to protect your interest.


    Yours faithfully,
    Kamarul Irzuan Bin Busu Piah
    Advocate & Solicitor
    http://legal-malaysia.blogspot.com/

    ReplyDelete
  9. I am separated from my husband for about 2 yrs now after I found out that he is having an affair with a girl n I am filing for maintenance support for my 3 children,one of whom is handicapped child -9 yrs old.but the court keep postponing the case.I m not working and i find it very hard to meet end meet.Recently I found out that my husband had married the girl and had a baby now.What should i do as I know that polygamy is illegal for non muslim?He left his job to do business butI have no proof to that and his excuse for not paying maintenance is that he is jobless.Pls help.

    ReplyDelete
  10. hi,

    i remember it well, long time ago i handled a similiar case like yours in penang ( i lost the case, to be honest, as i was acting for the 'husband'..but i am not dissapointed, 'duty' is still a duty for the husband to support his child and wife).

    anyway, first of all, polygamy is definately an offence for non muslim under malaysian law, if you could establish strong evidence, you may report the matter to the police or at least to the ministry.

    second, you should file a civil claim in court (even at lower court) to enforce the separation and maintenance agreement, get order from court for the outstanding amount as what he agreed to pay under the agreement. if the agreement is clear enough, your chances to win is high. if you win and he still refuse to pay, then enforce the judgment...

    good luck

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  11. Thank you for attending to my problems.As a layman and not a well educated woman I do not know which Ministry to report to.What should i bring to make a report?Thank you so much.

    ReplyDelete
  12. ministry of women and family development, no need to bring anything just your marriage certificate, try to consult your prob with them. anyway polygamy is a criminal offence and should be reported to the police..the ministry people may help you with the report

    ReplyDelete
  13. Hi Kamarul,

    My brother is planning to divorce his wife of more than 10 years. They have 2 kids who are both under 12 years old. He would like to know how much will it cost to employ a divorce lawyer, if both parties are agreeable to the divorce. Also is there a possibility that the court do not grant him visitation rights to his children at all? For the record, he has been a good father to them, doesn't abuse them and he has provided them adequately all these years.

    Thanks for any help you can provide.

    ReplyDelete
  14. There is no scale fee for divorce petition professional fees, thus it is good to have a proper agreement between solicitor and client on the fee and cost involve before commencing legal action/procedure.

    custodial rights, visiting rights and other matter may be reduced in an agreement during or before the process of court, it is even easier if it is a process of joint petition.

    ReplyDelete
  15. Hi Kamarul,

    My friend was recently forced into getting married, when clearly everyone was aware that he is in love with another woman. He tried to run away many times, but each time was caught and finally had to sign the papers.

    My friend badly wants to get a divorce but is it true that he has to wait for 2 years in order to do so? He is really not happy and has been in and out of depression many times, was hospitalized too. Another friend of mine got her divorce in 1 year due to the fact that the husband ran away on the day that the traditional wedding was supposed to take place.

    I am really confused here, is it supposed to be 1/2 years to file a divorce? And on what grounds can he make it in 1 year? Can he use his health reasons? Really appreciate your advise on this as his health is deteriorating.

    Thank you.

    Cheers,
    Sunny

    ReplyDelete
  16. hi,

    as i mentioned earlier, nasic rule is 2 years of wedlock before can file any divorce petition, please refer to my last post on this issue.

    However, don't worry, there is always an exception to the general rule. Namely, special circumstances. (though normally it is a lot easier to establish for 'wife' than husband) but the husband may have to convience the court what are so important that the divorce need to be dissolve before the 2 years period!

    be it on any reason, health etc..it must be very serious..(i guess mere love story reason is not good enough)..

    ReplyDelete
  17. hi,
    I was staying with m mom after separating from him. He went on and file divorce petition and got dikri nisi. I was shocked to get a copy from his lawyer 3 months after the dikri nisi as grantedby the court. My ex husband divorced me without my knowledge.
    Now i want to know what would be my marital status. Is there any document that will be issued by the registration dept something like marriage certificate?
    Will there be any issues in future if i get married again?

    Thank you.

    ReplyDelete
  18. dear reader,

    one of the requirement of divorce proceeding is to serve the petition to the opposing party, in this case, you (the wife). the service of the petition must be by way of personal service, or posting (by AR Card, to have the acknowledge receive), or by substitued service. i don't wannt to make any presumption on how the petition was served on you (or to your last known address).

    However, if the court granted the decree nisi, then the court must have satisfied with the mode of service.

    A decree nisi is valid for 3 months before it becomes absolute (ie decree nisi aboslute). the purpose of the decree nisi is to give a 'cooling off' period between parties whether or not to reconcile during the 3 months. if no reconciliation, then it will become absolute. and your marriage shall officially dissolved.

    ReplyDelete
  19. Sir:
    I read that a woman who is not Malaysian citizen but lived (and worked) in Malaysia for a minimum of 2 years can divorce her husband who never set foot in Malaysia. Is this divorce recognized in other countries?
    Thanks,
    PB

    ReplyDelete
  20. I got registered in Nov 2006 without my family knowing. Until today I live with my family, and my husband lives with his. We cant live together as our registration marriage is a secret, nobody knows except for a few friends. However, now we're both in bad terms, we cant seem to work it out between our families too. Moreover, I suspect my husband is having an affair. Thus, I want to get a divorce. But my husband is against it. He is hot tempered and I am afraid how he may react if he finds out. Because of no family support, I lack financial support in order to pay legal fees for a divorce. Is there any way for me to get a divorce without these pressures? Please advice.

    ReplyDelete
  21. hi sir,
    friend of mine have been registered for past 3years n neva leave under one roof with his wife since they neva get married in tradisional way yet...he was forced to register tis gal...now he badly wanted to divorce tis gal,but she is not agree for it..as their registration was took almost 3years wat he can do?and within how many years he can get divorce eventhough the gal dont agree?

    ReplyDelete
  22. dear sir,
    i would like to end my marriage to my wife of 10 years. we have 3 beautiful kids but she has fallen out of love with me. we have not be sleeping in the same room. does this consider seperation?
    as she doesnt seem to agree with a divorce (without extensive support and maintainance fee), how do i go about it wihtout causing too much pain to the kids and my wallet?
    hope ot hear from you soon.

    sad from the heart.

    ReplyDelete
  23. Dear Kamarul,

    We have been married for 11 years but have been living apart for the past 6 years. We have 2 children. I care for the children full time and he provides all the financial support. Sometime last year, he sent me an e-mail re: divorce. It was sent with an attachment similar to a lawyer's letter with the lawyer's name below the signatory. It was more like a draft as certain details like the children's name were not inserted. Would that constitute intent and therefore I can seek legal counsel and reply to him. I doubt that the lawyer firm has opened a file for it. Seemed like a lawyer friend just handed him a rough draft.

    The e-mail cited "joint petition" but he has refused to discuss the maintenance terms with me. He has threatened that If I do not sign on his terms, he will cut financial support drastically ie an amount we can't survive on. He has already started doing this. How do I get maintenance from him in the interim as I do not have an income. I heard the court grants interim maintenance. How does it work?

    In terms of maintenance amount, what does the judge take into consideration? What are the proofs I need to produce? Thank you.

    ReplyDelete
  24. in a joint petition, terms pertaining maintaining of the children must be determined and in any event, you may requst such terms during the hearing infront of judge.and the judge record/order the maintenance amount payable by the husband!

    what you need to do is just detailing the expenses to justify the maintenance claimed. for example, living cost, education, insurance, etc

    ReplyDelete
  25. Dear Kamarul,

    I married with my husband for 6 years, and now we have a son of 4 years old. I really have difficulties to stay with him as he is very proud of himself, ego, money minded, calculative and impossible expectation from me, anything he is not happy about the family of my son attitude will blame and nagging on me. And he always has a fluctuation emotion, and ended up with an argument, and all the time he will not accept or listen of my comment or explanation, therefore a lot of time I avoid to argue with him and choose to be silent.
    Recently I really cannot stand, so I ask him for a divorce, but he refuse and threaten as he has no affair and financially responsible in the family and etc, but he said I can leave if I want but my son must stay with him. Is that anyway that I can file a divorce and get the custody of my son.
    I have a stable job, but have many debt to be settle, if I leave my husband I intend to bring my son and stay with my parent but I will not get a room for myself and my son, and I worried this was a disadvantage to me if I wanted to get the custody of my son. I worried to engage a lawyer also as if I file a single petition, the case might be complicated and costly and I might not effort. Any advise that can help me.

    ReplyDelete
  26. Dear Kamarul

    I am a Malaysian citizen. I was living with my Thai wife for 4 years, before we were legally married in August 2008. We have a son who was born in Bangkok in October 2005. He holds a Thai passport. We have been residing in a third country, where I work, since June 2006. Our marriage was registered in a Malaysian embassy in this third country in August 2008.

    Last month my wife abandoned my son and I to live with her boyfriend in Holland without my knowledge. I have written evidence from the Dutch embassy and her boyfriend that she did not disclose her marriage and our son to both parties, and that she was in a relationship with her boyfriend for 6 years. The boyfriend also wrote that she wanted to settle down with him in Holland.

    The Dutch authorities annulled her visa last week and deported her back to Thailand because of false statements she made to obtain her visa. She is currently in Bangkok and does not want to return to live with us anymore. This is causing undue stress and anxiety to our son and me. I have applied to the Thai embassy for full and sole parental rights and signing rights, and the right to change his name, including surname (currently in my wife's surname).

    Based on the above circumstances, are there sufficient grounds for me to petition the Malaysian courts for a divorce just 6 months after registration of the marriage? If yes, what are the steps in the process? If assets were accumulated by myself and in my name since the registration of marriage, how are they likely to be dealt with in these circumstances?

    Thank you.

    ReplyDelete
  27. Dear Kamarul,

    My friend is finally planning to go for joint petition after not staying together with his wife for more than 1 year as the wife was found to have affair.

    They have married for > 4 years. May I know how long will it takes for the whole divorce process to get certified as legally divorce?

    ReplyDelete
  28. Hi Mr. Kamarul,
    I came across ur blog in coincidence. My hubby left home after a small arguments between us.We've 6 months old baby girl. Our marriage will be 2 years this end of march. Sine he left home from end of november08 till now,he did not call or sms me regarding our baby or wat ever. Juz silence like that. Thru his collegue, i knew that he is waiting for my divorce letter.But, i think he will not sign it to torture me mentally coz i'm now on the process to apply transfer back to my hometown.Because i m goverment servant,so, the kementerian is not dare to release me as they afraid that my hubby will sue them. After a consultation wt my lawyeer, i decided go to marriage tribunal and apply for divorce.and try to use that application to apply for transfer.Is it possible for my hubby to sue the kementerian if i using only the divorce applications to get transfer? and i will file for divorce soon after that.Can i reject the maintenance for my baby and choose not to allow my hubby for visiting the baby as now he is not responsible for my baby(no call/sms/no maintenance..) Please advise me in advance coz i'm in rush now. i'm a chinese. Thanks so much. from ; Angie

    ReplyDelete
  29. Dear Kamarul,

    I am full time housewife and married for the past 7 yrs with 2 kids. For the past 2 yrs he is suggesting divorce over every single matter of argument be it big or small. He has admitted to having some affairs behind my back but i cant proof it. Recently he has left the house and not responding to my calls. wat should i do?
    My question is i am not working and if i proceed with divorce, will i get my kids, will he pay for the maintenance of my kids (which he has refuse before)

    Thank you very much.

    ReplyDelete
  30. I want to know if all kind of divorce case, have to take 1.5-2 years to take? and why

    ReplyDelete
  31. hi,if we want to divorce after how many years we can apply for it. Is it any rules or law said the children must be with mother and father no rides on them. I would like to be with my children atleast on sat & sun but the mother dont to give them. Pls help me i need advise

    ReplyDelete
  32. hi,

    if you have read carefully my post above, you will see that a divorce (for non muslim under Law Reform (Marriage & Divorce)generally could only be brought up after 2 years of marriage..

    as regards to children custody, both party (husband or wife) may apply and establish thier right in court..but the court will always look at the welfare of the childre...in between, shold the right be granted to the wife (for example) the husband may also apply and granted his right of access to the children..

    ReplyDelete
  33. it is not quite right to say that all divorce case will take up to 1.5 - 2 yrs to settle...it is all depends on parties (whether much argument is presented in court or not) or it depends very much on court availibility to sit and hear the case...in normal case, if every papers is in order the caourt may grand decree nisi at first hearing..

    ReplyDelete
  34. Dear Kamarul,

    This is another marriage less than 2 years but for this particular case the wife cheated on the husband and both agrees to divorce after confrontation.

    Is it possible for both the husband and wife to divorce? Under joint petition of single petition? Can it be under joint petition in order for the process to be faster?

    ReplyDelete
  35. no doubt joint petition is much faster than single petition (due no non contencious issue)and especially when there no children of marriage..

    but still, the general rule of more than 2 years shall apply except in special circumstance..(sadly, not in your case)

    ReplyDelete
  36. Hi,

    I am married for 3 years. I am planning to get a divorce from my husband as I cant leave with him anymore. Whenever we fight, he will hit me. Please advise how to go about it, do I have go and find a lawyer.

    ReplyDelete
  37. Dear En Kamarul,

    I would like to seek some legal advise from you and would like to thank you in advance for your help and also answering my email.

    I have been married for 3 years and last year my in laws came to my matrimonial hse and quarrel with me. I left the house because my husband didnot protect me throughout the quarrel (his brother almost hit me).

    I left to stay in my mother's hse and he didn't come to look for me. my husband went back to stay with his family. at that time i was very angry with him and issue a legal letter asking for mutual divorce. subsequent to that i came to know that during the 3 years of my marriage, my mother in law has been putting things in my hse and the food to make us husband and wife always quarrel and hate each other. i taped the conversation from the medium and let him hear. after he heard the tape recording, i brought him to the temple to listen for himself from the medium. i went through a cleansing ritual and whatever i had eaten was expelled from my body. After knowing the truth we decided to reconcile and i had ask my lawyer to stop action.

    However he is now under the influence and spell of his mother and insist on the divorce. i left the matrimonial hse for 3 mths and have now shifted back to stay in the matrimonial hse. it is now almost 3 mths i stayed in the matrimonial hse alone.

    i have received 2 letters from his lawyer. one was in reply to my initial letter and the 2nd letter is a revised terms since his lawyer didnot receive my reply. so far i have ignored the letter. i do not know if it is correct for me to just ignore the lawyer letters and i do not know what will be his next step.

    i do not want to divorce him because i still want to save this marriage after knowing that the unhappiness for the past 3 years was intentionally caused.

    another issue is he has not given me any money for the past 6 mths. i understand that as a wife i can ask for maintenance. is there any way i can get maintenance without going for divorce? we do not have children and i miscarriaged 4 times already (twice miscarriage was hospitalised). eventhough both of us working, he earns more than me.

    Thank you very much en kamarul

    -depressed-

    ReplyDelete
  38. I've married with my husband more than 3 years and have a 3 years old daughter. I need to know what are the procedures to get a divorce. Is it start with getting a divorce form from JPN, and what else? I would like to know can I get divorce done by myself instead of hiring a lawyer to take care of it as both of us do not have any sharing property and I don't demand any support from him.
    Thank u in advance.
    Penang Lady

    ReplyDelete
  39. thanks for the good info, ive understood the process and regulations in just one reading.

    my question is, is divorce an expensive affair? Who is paying for the legal fees?

    After 2 years seperation, if a joint petition is filed, how long till the divorce is final?

    ReplyDelete
  40. hi how would i find out the marital status of a non muslim man? what are the procedures.

    thank you
    elly

    ReplyDelete
  41. Hi Mr Kamarul,

    This is about Foreign Divorce in Malaysia.

    I has been staying Singapore for more than 10 years. I registered my marriage in Singapore and use the Singapore married cert to update Malaysia.

    Both my ex-husband and myself still Malaysian now.

    A few years later, i got divorced and the divorce procedure was settled in Singapore.

    May i seek your advise on how i can keep Malaysia side inform about my divorce status?

    Thank you very much for your help

    Best regards,
    YS

    ReplyDelete
  42. hi,

    first of all, you need to get all papers including the decree nisi (or if you already obtained decree nisi absolute) from the Singapore court and ring it back to Malaysia. then what you need to do is re endorsed the order in High Courts of Malaysia.
    such procedure could be found under Law Reform (marriage & divorce) Act. Not that difficult but may a little bit confuse layman..
    should you need further assistant please email me.

    ReplyDelete
  43. Q: thanks for the good info, ive understood the process and regulations in just one reading.

    my question is, is divorce an expensive affair? Who is paying for the legal fees?

    After 2 years seperation, if a joint petition is filed, how long till the divorce is final?

    Answer: if it is a joint petition, all legal fee and other related cost may be discussed and agreed upon by both parties on whom should pay it, in case of single petition, one should pay his/her own lawyer, at the end of the proceding (even in the middle)the court may grant cost to borne by opposing party or both or cost awarded at all.. (really depends on situation and judicial discretion of court)

    ReplyDelete
  44. Q: hi how would i find out the marital status of a non muslim man? what are the procedures.

    thank you
    elly

    A: frankly, i don't come accross this kind of 'investigation' (more like love affair..hmmm...). however if it is really matter, i would suggest you to conduct a search at the JPN (jabatan pendaftaran negara)..you should be able to satisfy your heart..
    good luck

    ReplyDelete
  45. Dear En Kamarul Irzuan,
    My ex-husband and I had filed joint petition for divorce,hearing attended since 4-11-2008. We also agreed to shorten the cooling period to one month. Until todate, our lawyer told me that the "Court Order" is not available yet and he asked me to pay for the charges of about RM800. My questions here are :
    1. How long will it take to get the Court Order under normal circumtance ?
    2. Do I have to pay the charges to get the Court Order?(My husband was the one who paid the legal fees on divorce)
    Ipoh YY

    ReplyDelete
  46. Dear En Kamarul Irzuan,
    I would like to know how long it will take to get the Court Order after the hearing date for divorce ? Does the wife need to pay separately to get the Court Order if the husband had paid the legal fees?
    Ipoh YY

    ReplyDelete
  47. if the husband agree to pay and bear all legal fees, then the wife should not have to pay anymore. anyway it is still subject to the agreement between the parties and lawyers.

    it is unethical for me to comment another fellow lawyer's case and conduct with his clients.

    ReplyDelete
  48. im a convert muslim and have been separated for 3 or 4 years. what is the procudere to file for a divorce. my husband has askd me make the arrangement. to be honest i have no idea how and what to do.

    AL.

    ReplyDelete
  49. hi anonymous, first of all this section is inappropriate for muslim divorce case, nonetheless, to answer your questions, you must under understand that all muslim in malaysia government under each and every state enactment (law) regarding administration of marriage and divorce. if you are staying in perak (for example) you refer to perak enactment.

    as for your situation if you are already staying separately from your husband, you ask for fasakh (claiming divorce by reason of the husband leaving you without giving any maintenance and shelter etc). there are many more option to go about such, tebus talak, or even mutually agree to divorce..

    you should go to local islamic department and get some help and advice..they can even give you some sample of court papers..

    good luck

    ReplyDelete
  50. I'm married for 6 years and considering a divorce. My child is 5 years old. I'm financially sound and would be able to support my child on my own without any assistance from my husband. What are my chances of securing full custody of my child should I proceed to file a single petition?

    ReplyDelete
  51. Dear Kamarul,

    I have been married for more than 12 years and have two kids. My wife has always wanted to walk out of me and take the kids along and go back to her parents. I had always tried to stop that.

    However lately she had shown sign of it again. I am practically feedup with such attitude and do not wish to stop her this time. If she do so, what will be right as a husband be left with.
    1. Can I just wait and forget about her (let her continue to stay with her parents)and just continue paying maintence of my kids. If I do so how long will the marriage still valid?
    2. Can she file for a divorce and if she does, what will I loose. Will I end up loosing the house that I am staying in now.
    3. How can I plan my assets in order to incurr the minimum loss as everything was bought by me and wife did not contribute a single sen to it.

    Please advise.

    ReplyDelete
  52. Dear Kamarul

    I have been married for more than 20 years and have 2 kids.

    Me and my husband had no common topic any more after years of marriage, we have been sleeping in the different room for more than 5 years, we do not have any intimate relationship..

    Now my kids have grown up, I want to have my own life without any marriage relationship.

    If I want to divorce. what should I do ? what is the procedures and it takes how long to be effected.

    Your kind advice would be appreciated..

    Genevieve Fan

    ReplyDelete
  53. My friend has been married for more than two years and she and her husband have been apart for three years. He lives in Malaysia and she lives in Macau. He is a citizen of Malaysia and she is a citizen of the Philippines. He refuses to join her in a petition for divorce. What does she need to do to get a divorce from him?

    ReplyDelete
  54. Hi Kamarul,

    I'm a mother of 2, aged 29 and i have married a monster for almost 7 years of my life due to the fact my 1st kid was an accident. I have 2 beautiful flesh and blood, a girl aged 7 and a boy aged 3 from this monster. I plan to have my second kid because to accompany my daughter as i'm always depressed & sad. I've always wanted to file for a divorce but since im a catholic, as its not allowed, divorce doesnt exist in catholism. My family don't encourage that so therefore if i were to proceed i would on my own. Lately i have meet a man (muslim) who is willing to protect me and my children as his own. These are my problem:

    1) I cant live with him because he is abusive, he has slap me with his shoes, kick me almost every part of my body till my ligamen torn, pushed till i couldnt move anymore and even almost got stabbed all in front of my 2 kids, all this in my mum house and i was alone with him and the kids.
    2) For the past 6 years he has never showed me any care of a husband.
    3) My mum has chased me out the house because i choose to divorce my husband. Due to the fact i have another person in my life, which they said thats the reason why this divorce is happening and chase me out the house because every night my crazy husband gets paranoid and caused all sort of comotion at home. She have requested that i leave and she will take good care of the kids and he is in my mum house.
    4) Now im back home after 2 mths, planning to divorce him and gain my kids back.
    5) As of now, he is holding me, touching me whereby its not by my free will, this is really torturing whereby i got to undergo this just to be with my kids? what can i do? because i can see he is also in great pain when i resist........ and his temper just goes up!

    My Concerns:
    - What are the chances of me getting my kid's custody because it may seem i have left the kids just like tat for another man? But the fact that i was asked to go bceause of my paranoid husband?
    - He may give me the divorce as a joint petition as i want, could you advice me what i should do as in what are step 1,2,3? go where do what? would i need a lawyer for this?
    - I understand if its a joint petition, it may take up to 1.5 - 2 years but since i have a police report of his abusiveness can i shorten the time period? if yes how long yah?

    Your responce may save mine and kids live, so where can i get information?

    Thank you so much Kamarul- your really an angel..
    Rgds
    - A mother in need.

    ReplyDelete
  55. Hi, my fren is planning for a divorce and she has no clue about the regulations abt it and she need a lawyer to help through the process..

    her situation is like this:
    Their marriage is going on about 2.5 yrs. They have a 1.5 yrs old kid. Her husband didn't put her on first situation and not care about her and the kids but always think of his friends only. The worse is that her husband didn't pay anything for her and the child. Only her bear the cost of the child. In this situation, how much the cost she has to bear if they are go on the court to fight for the child? She is work as a clerk and didn't earn high salary. In such situation, can she ask any help from any government department to sabotage the legal fees.

    Your help would be my utmost appreciated.

    ReplyDelete
  56. Kamarul,

    Hi. Im a chinese girl. just got divorced last july (appeared in court with ex-husband etc). I'm migrating to australia soon. However, everytime i call my lawyer to ask him about my decree nisi absolute.. he keeps saying that it's not out yet.

    Can i please get a definite timeline as to when i can have it? I'm at my wits end already. My immigration agent is sick and tired of waiting for my complete documents.

    Thank you.

    Sirenia

    ReplyDelete
  57. Thanks Kamarul for having this blog - really appreciate your help for those needed.

    I'm divorced and been granted the decree nisi absolute. The problem is my previous lawyer (that I'd dismissed) had not given me the original certified seal copy of the decree nisi absolute.

    Could I get a copy from the High Court where the appeal is done?
    Thanks and really appreciate your help on this.

    ReplyDelete
  58. Hi Kamarul,

    My friend was forced into getting married on Dec 2008 due to pregnancy incident, when clearly everyone was aware that he is in love with another woman. He was forced by both family as they said need to make the baby borned legally.

    I understand that the divorce procedure clearly stated that need 2 years for filing petition. In this case, the girl do not want a divorce and he is only can go for single petition.

    He is still attached with the women he loved and the baby had borned recently. He is staying with the girl in same house but different room and without any sexual relationship since she was pregnant last year.

    He is intending to divorce and he will continuing bear his son's living cost.

    My questions:
    1. For now, he is only married about 6 months and cant go for divorce procedure as stated. Can he go for separation agreement first on single basis as his wife do not agree to do so?

    2. If a separation agreement came in, when should it inccur?from the agreement date or the date before i.e when they do not involved any sexual relationships?

    3. Will the separation agreement is considered by court after 2 years when he is filing the petition?


    4. If there is no separation agreement done now, when can him go for single petition?from the pregnant date or the registered date?

    5. Can him go for exceptional circumstances or hardship if he agreed to reveal his relationship with another women?if agreed to do so, will him be charge under any enforced laws?

    Any recommendation on this case.

    Thank you for your attention and reply.


    Regards,
    ME

    ReplyDelete
  59. Hello Mr Kamarul,

    Here is my situation:

    I went through a civil ceremony at JPN on Dec 8th 2008. At that time, I was 8 months' pregnant. My husband is American.

    On Jan 26th 2009, I gave birth to my daughter. Sometime in March 09 after months of disagreements, my husband admitted to having one night stand with a woman in Philipines in Nov 08. Now she's expecting and due to deliver in another 4-5 months. When I questioned him about her condition, he told me that he has been supporting her financially since she told him of the pregnancy in Dec 08.

    He has since threatened to take my daughter away if I ask for divorce. As for his financial status, I found out recently from my in laws that he has a history of gambling and had caused betrayals in past relationships. We do not have any assets to our names nor do we share a bank account, etc...

    My questions:
    1) What are my chances of gaining sole custody of our daughter?

    2) Can I use fraud as grounds for divorce, since he knew he was going to have a baby with the other woman, and yet signed our marriage papers?

    3) I know I have to wait for 2yrs (yes, I've been reading your previous replies), but I want to proceed with separation. May I request for maintenance for my child?

    4) As I'll be working soon, my child will be placed in a daycare near my mother's home. Will that be grounds for him to gain custody?

    I'm still living in the same house as him, but he travels overseas often for work, so it's just my girl and I most of the time. I need to know my options. As I am financially dependant on him now, is there somewhere I can seek help?

    ReplyDelete
  60. Dear En. Kamarul,

    I registered my civil marriage at Malaysia with my malaysian chinese wife since 2001.
    We have been living on and off separately since after our marriage.
    I have fill up the form at divorce dept at govt office to ask for divorce but were still in process and have not been call for a joint meeting until today as it is in the early stage and less than a mth.
    If either one of us want to cancel the process of divorce or both of us do we need to wait for the divorce dept at givt office to call us first or we can do it anytime?
    Can the divorce dept at govt office grant us a certificate of reference for divorce without both of us presence in the meeting or only one of us presence during the meeting or can the divorce dept grant us the certificate of reference divorce without our presence?
    I think most likely my wife and I is going to reconcile together as she seem to be tolerating now.
    Can you please advise me asap as I am in a deppressed stage now.

    Thanks a lot.

    ReplyDelete
  61. Dear En Kamarul,

    Need some advise from you.

    My Marriage was registered in Singapore and had already informed High Comm. Now I have both Marriage Cert from Singapore and Malaysia. We have both agreed to end the marriage, we both have no children or any joint assets.

    - Can I do a separation deed in Malaysia?
    - Will the separation deed recognised by Singapore Govt?
    - After 2yrs of the marriage, can we both file for divorce in Malaysia?
    - Will there be any complication to the divorce proceedings in Malaysia?
    - What are the documents that we would need to present?

    ReplyDelete
  62. Dear Kamarul,

    I saw the long string of enquiries above. I am looking for a lawyer who deals with matrimonial matters extensively.

    My question is as follows:-
    I am planning to migrate to another country and intend to bring my 5 year old son along with me. I know that there is a proviso in family law to allow the court to issue injunction on this. Is there any way I can bring my son with me migrating to another country even though my ex husband does not give his consent? If I have a chance, please let me know, I will email you to take this offline.

    Your kind response is very much appreciated. Thank you.

    Regards,
    "Snowflake"

    ReplyDelete
  63. Hello Kamarul,
    I've been married for 13 years with 5 kids.We started to have marriage problems after my 5th kid was born.Situation got so tense that I can't stand my wife's lies anymore and she keep asking more money to play (kutu) with her group of her friends.My wife is a house wife and not working.I'm supporting her and my children financially.Below stated has happened:
    1.2 years ago we file for joint petition divorce.Both of us was negotiating on the terms.Then we got into a big quarrel and both of us was hurt.(I was drunk)at that time.My wife made a police report and press charged me and I was in lock up for a day.I moved out from my house to live with my father.After few days she revorked the press charge and both of us agreed not to press charge to each other.Then my wife decided not to persue for joint petition as her lawyer responded that my wife is not interested to divorce anymore.
    2.My wife started to black mail me for more money by purposely threathening me that I'm threathening her and the kids safety.She also went to extent, went to police station using my kids as witness to make a police report but I calmed her down that I would give her more money.This has been going on for 1 year.
    3.I went to JPN for counselling and finally got a letter that our marriage cannot be reconciled anymore.

    Below stated I as a husband still doing the duties:
    1.Sending the kids to school and my wife pick my kids from school.
    2.Paying the house(both names) and car(my wife) installment and maintenance.
    3.Monthly maintenance for my wife and children.

    My wife has stop performing her duties as a wife to me and since I have got the letter from JPN,I thought of looking for a lawyer again to file for divorce.
    My questions,what will I loose if I file for divorce.I have 2 properties;1 under both husband and wife and another 1 only under my name.What will be lost?

    Please advice.

    Mr.Singh.

    ReplyDelete
  64. Dear Mr. Kamarul,

    A very good day to you.

    I am a foreign lady married with a Malaysia Guy for the past 6 months and currently i resides and working in Malaysia.

    Our marriage relationship seem doesn't workout and we mutually agreed to end this marriage relationship. i would like to seek your kind advices on what is the best way / divorce procedure to settle it as soon as possible.

    Many thanks

    ReplyDelete
  65. Hi,

    Do you do divorce petition case? We will like to file joint petition. So we like to have a brief appointment with you on the matter above. Email me at siaukai@hotmail.com. Thanks. Looking to hear from you.

    Regards,
    Kylee.

    ReplyDelete
  66. I have been divorced for 3 years now and have just found out that my ex is pregnant by her lover. She still goes by my surname and I am afraid she might register her baby in my name! Is she allowed to do that????

    ReplyDelete
  67. Hi anyone out there pls help my friend,

    My friend married a penang girl for more then 10 years + roughly married in 1996 but how to go about it to divoice the wife since the wife is insane already and now living in the care center in penang and my friend is in sarawak. its been 3 years + the wife is living in the care of the care center. she is only 35 yrs Plus. and my friend now is 50 yrs. and he wanted to have a normal family so he intend to get a new wife but what is the procedure to help him to get a divoice first then married a second wife?

    thanks anyone cane help?

    ReplyDelete
  68. Hi there,

    I really need to seek your professional advise. My wife have committed adultry, I wanted to divorce. But I am a man under Queen control. And I fear her too, so if I filed for Single petition without stating the adultry can it be possible? I wanted to show the proof only after she contested it. She wants to get the 1/2 share of my house I bought last year where she tell the lawyer to include her name in the S&P of the house. I now thinked that she have planned for all these since last year. Because in 2004 I first caught her and she promised to be good but in 2007 it started again. She is with another married man whom is of high position in the public sector.

    ReplyDelete
  69. I need your advice, we got married in Malaysia in 2005 but have been staying Singapore. What is the procedure for filing a divorce ? I am currently pregnant and found that he is having affair and refuse to break up with the girl. How do I make sure that I keep the baby and ask for monthly maintenance from him ?
    Thanks advanced for your help.

    ReplyDelete
  70. Hello Kamarul, I have been married since 1994 and now have 3 children. Early this year,my spouse and I had some differences which led to me moving out in June09. I still bank in money into my wife's account for the children's education. I was married in a Hindu temple where the registration was also done.Can you tell me how to go about iniciating a mutual divorce? Is nullifying my marriage considered as divorce as well? Please advice.

    ReplyDelete
  71. Hi
    iam married to a non working wife for 30 years.Our marriage has been a turbulent one.Since we had kids friends advised not to go for a divorce.Now they are all grown up and working and i am separated for more than 2 years now.I tequested foa a joint divorce now which she refused.If i file for a divorce now will i have to pay alimony.If so how is the amount worked out.Iam not working and recive a pension.
    Thanks

    ReplyDelete
  72. HI,
    I am married for 10 years and separating with my husband for more than 3 years. I've filed the divorce petitition and approved by the JPN. What are the next steps should be taken?

    Thanks.

    ReplyDelete
  73. hi all,

    both kamarul and i are very busy lately.

    we will try our best to answer all questions.

    cheers

    ReplyDelete
  74. Dear mr anon,

    Anonymous said...
    Hi anyone out there pls help my friend,

    My friend married a penang girl for more then 10 years + roughly married in 1996 but how to go about it to divoice the wife since the wife is insane already and now living in the care center in penang and my friend is in sarawak. its been 3 years + the wife is living in the care of the care center. she is only 35 yrs Plus. and my friend now is 50 yrs. and he wanted to have a normal family so he intend to get a new wife but what is the procedure to help him to get a divoice first then married a second wife?

    thanks anyone cane help?
    ------------------------------

    your friend must dissolve the marriage first.

    then he can find new wife.

    ReplyDelete
  75. Anonymous said...
    Kamarul,

    Hi. Im a chinese girl. just got divorced last july (appeared in court with ex-husband etc). I'm migrating to australia soon. However, everytime i call my lawyer to ask him about my decree nisi absolute.. he keeps saying that it's not out yet.

    Can i please get a definite timeline as to when i can have it? I'm at my wits end already. My immigration agent is sick and tired of waiting for my complete documents.

    Thank you.

    Sirenia

    dear serenia,

    there is no time lime.
    sometime it is late because of court staff.
    the best for you is check it out with your lawyer.

    cheers

    ReplyDelete
  76. Anonymous said...
    Dear Mr. Kamarul,

    A very good day to you.

    I am a foreign lady married with a Malaysia Guy for the past 6 months and currently i resides and working in Malaysia.

    Our marriage relationship seem doesn't workout and we mutually agreed to end this marriage relationship. i would like to seek your kind advices on what is the best way / divorce procedure to settle it as soon as possible.

    Many thanks

    -----------

    hi,

    marriage below two years is not allowed to be dissolved.

    however, both of u can have your seperation agreement by now.

    cheers

    ReplyDelete
  77. Dear Sir,

    Good morning!

    1.If the property bought after married and under wife's name ,can a husband claim for allocation when divorce?

    2.How to calculate maintenance for Child?

    3.In what situation will the wife require to pay maintenance to the husband?


    Many thanks!

    ReplyDelete
  78. Dear Sir,

    Good morning!

    Legally,how to consider a married man legally failed ?

    Many thanks

    ReplyDelete
  79. Hi,

    I have been married for 5 years with 2 children age 3 and 5 years old. I really have difficulties to live with my husband as he is very proud of himself, ego, overly sensitive, selfish, hot temper and have impossible expectation from me, anything he is not happy about my own family members and my 2 children attitude, he will blame and scold me. And he always has his own thinking, always think that he is correct and hence, we always ended up with arguments. All the time he will not accept nor listen to my comment or explanation, therefore a lot of time I have to avoid to argue with him and choose to be silent. I really cannot stand his behaviour and it is tormenting for me to continue to be with him. I would like your advice what is my chances of getting a divorce and the custody of my 2 children. I understand that one reason to get a divorce is to give irrevocable broken down of marriage. How to justify to the court?

    Please advice. Hope to hearing from you soon.

    ReplyDelete
  80. Hi mr. kamarul,

    an advice from you. How long will it take roughly for a single petition divorce and also for a joint petition divorce? thank you.

    ReplyDelete
  81. dear anon october 13 2009,

    kindly refer to mr kamarul comment on october 31 2008

    tq

    ReplyDelete
  82. Anonymous said...
    Hi,

    I have been married for 5 years with 2 children age 3 and 5 years old. I really have difficulties to live with my husband as he is very proud of himself, ego, overly sensitive, selfish, hot temper and have impossible expectation from me, anything he is not happy about my own family members and my 2 children attitude, he will blame and scold me. And he always has his own thinking, always think that he is correct and hence, we always ended up with arguments. All the time he will not accept nor listen to my comment or explanation, therefore a lot of time I have to avoid to argue with him and choose to be silent. I really cannot stand his behaviour and it is tormenting for me to continue to be with him. I would like your advice what is my chances of getting a divorce and the custody of my 2 children. I understand that one reason to get a divorce is to give irrevocable broken down of marriage. How to justify to the court?

    Please advice. Hope to hearing from you soon.
    October 9, 2009 3:42 PM
    Dear mrs. anon Oct 9 2009,

    How to justify to the court?

    It is important for u to refer your problem to Jabatan Pendaftaran Negara for consultation before you bring this matter to the court.

    tq

    ReplyDelete
  83. Anonymous said...
    Dear Sir,

    Good morning!

    Legally,how to consider a married man legally failed ?

    Many thanks
    October 9, 2009 8:08 AM

    Hi anon October 9,

    Legally failed when the judge said (after long hearing/ trial) the husband is legally failed based on affidavits by wife and husband.

    Cheers

    ReplyDelete
  84. hi Kamarul,

    came across your blog and hope you can help me out.

    Ive been married for 6 years and I have a son wif my husband. we've been separated (as in nt living together) for the past 1 yr plus as i work in singapore n he's in malaysia. the reason i wan to call this marriage off is because I cant stand him being jobless and also alot of issues add up and I feel tat im vy tired holding on to it. our son has been under the care of my in-laws all the while.

    i wish to move on. how shud i go about on this?

    hope u can help me.

    thanks.

    regards,

    Lim

    ReplyDelete
  85. Anonymous said...
    hi Kamarul,

    came across your blog and hope you can help me out.

    Ive been married for 6 years and I have a son wif my husband. we've been separated (as in nt living together) for the past 1 yr plus as i work in singapore n he's in malaysia. the reason i wan to call this marriage off is because I cant stand him being jobless and also alot of issues add up and I feel tat im vy tired holding on to it. our son has been under the care of my in-laws all the while.

    i wish to move on. how shud i go about on this?

    hope u can help me.

    thanks.

    regards,
    -----------------------
    Answer,

    Dear Lim,

    I understand the breakdown of your marriage and you wish to dissolve this marriage.

    The question is how to dissolve your marriage. Since you are working in Singapore and your husband is in Malaysia, the issue is which court to dissolve your marriage based on “domicile” of parties. Since you are only left Malaysia for one year, there is no problem for u to bring this matter to Malaysia’s court to ease parties.

    Before you bring this matter to the court, please refer your marriage problem to nearest JPN for consultation to show to the court your effort to save your marriage. JPN will issue a certificate of consultation session.

    To dissolve your marriage via court, there are joint petition and single petition. Kindly refer to previous Kamarul’s article and comments to understand the type of petition.

    In court, custody of the child is the other main issue. It is “rebuttable” law that children under 7 years is under custody of mother. If your husband can prove that you are bad mother, maybe the court can grant the custody of the child to your husband. Or, the court also could grant joint custody.

    Other issue the court has to decide is maintenance for the child and maintenance for you. The court will assess based on your husband salary.

    Cheers,
    Azhar

    ReplyDelete
  86. Dear Azhar
    Is it true that there is a new regulation in regard to children in a divorce case? That the children have to go for medical check-up at a general hospital? Thank you for your time and help.
    Cheerios.

    ReplyDelete
  87. Hi Kamarul,

    My ex-husband is a malaysian and I myself is a singaporean. Both of us are currently working in singapore. We have finalised our divorce in singapore, Year 2008. How do I inform the local authorities? His mother has checked and said that we need to engage a lawyer in malaysia to make the divorce official, legal fees at about RM3500. Do we have to since we already have the absoulte decree from singapore? Please advise, thank you.

    FYI. I have read on the LAW REFORM (MARRIAGE AND
    DIVORCE) ACT 1976. But I don't quite understand...

    (4) Where a decree of divorce or annulment, wherever granted,
    has dissolved a marriage which was solemnized in Malaysia and
    which has been registered under this Act or any written law in
    force immediately before the coming into force of this Act, the
    Registrar General shall, on registering such decree, cause the entry
    in the register of marriage relating to that marriage to be marked
    with the word “Dissolved” and a reference to the proceedings in
    which that decree was granted.

    ReplyDelete
  88. Hi Kamarul,

    I cheated on my wife. She found out but have no evidence. We have both decided on a divorce mutually as we have tried to work things out and we couldnt. As we proceeded with seperation, things got sour.

    Currently, she left me hanging. I have shifted out for 3months. Since then i can't see her, she avoid my calls, as she ask me to talk to her dad regarding the divorce and don't contact her again.

    I dont have her number (as she changed it), hence is wrote a letter stating terms of mutual petition and sent by AR.

    Questions
    1) What should i do to secure grounds for a divorce? Is her leaving everything (the divorce) to her dad, not letting me come back to the house and avoiding my calls and etc enough?

    2)If i file a single petition, does she have right to claim against me? Any repercussions?

    3)If she disagree for a divorce during tribunal, what should i do?

    Regards Soh

    ReplyDelete
  89. Hi, I have a friend he is registered for about 6 years already but hes been working outside malaysia for 3 years so total 3 years they together only. He's planning to divorse the wife., but the wife dont agree. what would he do first to continue the divorce.They dont have baby yet, but they own a house but not fully paid yet. Please advice

    ReplyDelete
  90. Hi Kamarul,

    I am a single mother of two. I divorced my ex husband in June 2008 (through joint petition) in which he agreed to give me Rm 800 per month for the upbringing of both our children, and to transfer our house to my name after he has settled the loan with the bank.

    We attended court hearing in September 2008 and I received a photostat copy of the “dekri nisi mutlak” and a photostat copy of the letter from the JPN to our lawyer regarding the dissolution of our marriage.

    However until now I haven’t received any copy of the court order. I phoned our lawyer several times but couldn’t get through and I stay very far away from his office. The lawyer is my ex husband’s friend.

    My ex told me that we won’t be given original copies of the "dekri nisi" , only our lawyer will have it and there won’t be any court order.
    However the court will have details of our petition and any dispute can be referred to it.
    Is this true? If not, what can I do?

    I hope you will kindly advise me as this is giving me sleepless nights. Thank you very much in advance.

    ReplyDelete
  91. Hi Mr Kamarul,

    I would like to get legal services on divorce. How can I get into contact with you for further discussions? Is your legal firm in Klang Valley?

    Help needed,

    Lai

    ReplyDelete
  92. Hello Mr. Kamarul,
    I may be moving to malaysia with my husband as american expatriates. Our situation requires us to move as a married couple, however we have been separeted for 8 months and would continue to live as such there. We have a 6 year old son. I am in need to familiarize myself with the laws of your country and what my rights would be as a resident of Malaysia.

    please advise

    ReplyDelete
  93. my wife and i been together for 10 years and married for 5 years. recently she knew a guy from internet and runaway with him 3 months ago. now she demanded a divorce and half of my assets. i'm feel cheated and victimized. what should i do?

    ReplyDelete
  94. hi i am a filipino citizen married in malaysia for 1 year and 9 months. i am in philippines now coz we want to divorce. coz everytime we quarrel he always throw the things in the house and makes me feel hardship and cant bare to live with her mother also. can we file a joint petition even our married is not 2 years yet? How long will it takes for the process of divorce since we dont have any child or property to be settle. pls advice me.

    ReplyDelete
  95. Hi,

    Many months ago both my wife and I agreed to file for mutual divorce, with an agreed settlement amount of $100k. She requested her lawyer to postpone the 1st hearing as I couldnt pay her the sum of money (due to some loan processing problem). The 2nd court hearing was few weeks ago but still she hasnt received the $100k check from me (the lawyer who helps me to prepare the S&P agreement decides to give her a Letter of Undertaking of $100k). With this letter, she agreed to proceed with the court hearing. 1 week ago, she informed me that she decided to ask for 2-month extension again as she wanted additional $100k from me. My questions are as follows:-

    1. Can I hire a lawyer to file single petition?
    2. Both of us signed a supplement agreement on $100k (as requested by her laywer), now with her request of $100k does it mean the agreement that both of us signed has no legal binding?
    3. Can I lodge a complaint on her and her lawyer that they mislead me to sign all the divorce papers and agreements whilst wasting my time to go through all these again?

    Thanks.

    ReplyDelete
  96. Can a single petition filed by the husband based on falling out of love from the wife (housewife)of 8 years with 2 kids under 6 yesrs old?

    If the wife choose to ignore the petition served, what will happen to her ?

    Who will bear the cost of the whole process if wife deny single petition and still in love with husband and wanted to save the marriage?

    ReplyDelete
  97. I would like to have a further discussion on my situation. Could you provide your legal firm address?
    Thanks.

    destine

    ReplyDelete
  98. Me and my wife, we have marriage for almost 10 years. During the marriage an incident happened which changes our life. Because of that incident, my love for her has changed over time from love to responsibility and burden. This feeling continue for several year until it has reached a limit whereby there is no more love between me toward her except responsibility. Besides, we hardly have any common interest and had communication breakdown in our relationship. We stop having any body contact 4 years ago. Even so I still treat her well and am still a responsible husband by taking care of her well being. I never betray her or never look out for other lady all these years. Only recent year, due to close working relationship and a natural process unknowingly I fall for someone. Because of this, it is evidently clear and confirms to me that my heart for my wife has long gone. Because of this I call for a divorce as things are beyond salvage. She refuses to the divorce and requested if I want to divorce I need to compensate her by giving all my assets to her. Below are my questions:
    1. Base on the above situation, if I file for a single petition how long does it takes?
    2. The breakdown in our marriage is not due to 3rd party and it is merely incompatibility, is she entitles to take a share of all my assets? I have 3 personal saving accounts, 1 joint account, 2 joint properties, and 2 personal properties.
    3. As she is a working professional (managerial position) earning reasonable income, do I still have to pay her maintenance?

    ReplyDelete
  99. Hi,

    Thank you for your email.

    1. Civil marriage in Malaysia govern under Law Reform (Marriage & Divorce) Act 1976 together with all rules made under the act. This is so call the principal law
    2. Beside that matters like custody, maintenance etc are governs under various specific law for example custody act, infant act etc.
    3. In your situation, it is possible to live separately in Malaysia. You may choose obtain a judicial order (to live separately) or not.
    4. You may also apply to court (if necessary) for maintenance order for you and you son.
    5. This maintenance proceeding can be started during marriage (even during judicial separation) or after divorce.

    ReplyDelete
  100. Hi En Kamarul,

    My husband and i have been married for 12 years and have 3 kids aged 8, 6 and 3. We are of mixed marriage.. chinese and indian. However i intend to get a divorce due to falling out of love.

    1) I intend to convert . Can i knw wht will happen to my kids? Can i have custody on them? I dont intend to get them converted.

    Appreciate your input on this matter.

    Thank you.

    ReplyDelete
  101. We are married for 16 years and recently I applied divorce through JPN and was called 2 times for tribunal hearing. Both times, my husband refuse to atttend. The next hearing would be in July 2010.

    My concern is if he dont turn up for this 3rd time, can I proceed to get a lawyer to file for a divorce. I do not expect maintainance for myself but wants him to agree to pay expenses for both his kids which is under my care all this while. We have not been staying together for passed 1 year but he still keep in touch with the kids. i want to know if I apply for divorce, during court hearing, would the kids has to attend too? Its already a painful thing to divorce but I dont want the kids to have to sit in the court room and being questioned. Please advice. I would rather remain in this painful situation myself than allow my kids to go through unnecessary trauma. Thanks

    ReplyDelete
  102. Hi there. I am pleased to find your blog. I do not speak Bahasa Melayu and so it was hard for me to understand anything in government or law websites in Malaysia.

    I have a simple question. I would like to obtain a copy of the "absolute dekri nisi" of my divorce. Which office/court do I get in touch for this request in KL? And will I receive the document in English?

    Thank you so much for your help.

    ReplyDelete
  103. Hi Kamarul,
    What is the procedures to complete divorce process?
    should i go to JPN first or contact legal lawyer?
    thanks.

    ReplyDelete
  104. Dear Kamarul,

    My HB and I have been married for 2.5 years, and we have an 8 month-old son.
    Recently my HB suggested divorce due to constant arguments.
    I am not sure if I want to go for mutual or let him file for single petition, as I am in a haze on areas of custody (I want custody of our son), maintenance, etc.
    Since 1 month after the birth of my son, we have been staying separately (because HB became mentally unstable after the death of his father 1 year ago, he couldn't tolerate sleepless nights of caring for a newborn, but he refuses to seek professional help)

    Need your advice

    ReplyDelete
  105. hi,

    I have a fren hes been married for about 7 years, hes working abroad not going back home for almost 2 years. he want to divorce his wife due to out of love,he initially tells his wife about his decession but the wife dont agree, they dun have any kids at all.Whats the first thing he shoud do?

    ReplyDelete
  106. Hi Kamarul,

    I would like to ask you a question on behalf of my mother.
    My father have repeatedly cheated on her, and left home for almost 2 years now. He has been bankrupt during their marriage, and have accumulated loans all over. We have lost connections with him.
    May I know,
    1) Is my mother able to file for separation that will grant a divorce?
    2) If my father opposes because he is bankrupt and wants money from my mother, is he liable to that even though my mother has wrote a will?
    Please do help, my mother has suffered enough with an irresponsible person like him, she have raised 5 children to universities, and even though he have left the house, he still puts the house as a mailing address and lawyer mails have been sent out to the house and I would like her to have a piece of mind. (I suspect the mails sent from the lawyer's office addressed to him are loan letters)
    Please do help!

    ReplyDelete
  107. My father left us 20yrs ago and my mother have her new life with another guys. They want to get married soon.
    The matter is did my mum need to file divorce if she didn't register with my father? They just have the chinese wedding dinner back to year 1970.

    ReplyDelete
  108. after a divorce petition in a case of divorce after marriage less than 2 years made by the other party, my friend received a letter from lawyer saying through the high court "perkahwinan telah diisytiharkan tidak sah dan dibatalkan" bcos of some serious reasons by one of the party. they never have any deeper relationship nor staying together nor having a proper ceremony other than a copy of lawful marriage cert.

    In this case, what is the marital status for both? are they back to single/unmarried, divorced, widowed or?

    thanks

    ReplyDelete
  109. Hi Mr Kamarul,

    My friend's have received a legal letter from her wife seeking his consent for a joint petition to dissolve marriage & with a terms and conditions eg. maintenance fee & custody of the kids. What should he do if he is unwilling to give his consent over for the joint petition? Does he really need a lawyer to response to the letter of his intend?

    Separately, may I ask what will the court judge on the kid custody if both husband and wife are bankruptycy??

    Thanks

    Andy

    ReplyDelete
  110. Hi Kamarul,

    my younger brother n his girlfriend was ROM by end of April 2010. But, his legally wife was intend to divorce with my brother after couple of months and was would go for the court at 2/7/2010.

    my questions are as follows,
    1. her reason to ask for divorce is do not wish to have sex at the moment. is it a strong or acceptable reason to apply divorce less than 2 years of marriage? why the lawyer could do this on her behalf(the lawyer is appointed by her)?

    2 at first, my brother was agreed to divorce with her under joint petition and would go to attend the hearing. unfortunately, my brother's friends told him about his legally wife wrote 'I'm fall in love currently' on her facebook status and found out she was posted some quite intimate photos with different guys on her facebook. she is even to point my brother is the cause of divorce and spread this incorrect information to her relatives and neighbors. my brother was so angry and upset about this and decided no to attend the hearing at July. is it possible to absent the hearing and do not sign the agreement? could charge the girl has an affair or having a boyfriend before divorce approved?

    thanks for your helps.

    regards,
    fcber

    ReplyDelete
  111. hi,
    would like to check with you.I already went thru court order to hear the pettion on marriage annulment.The court approve the order.How long it take to get absulute and is there any grace period.Since the petition done by my ex wife i didnt sign any document regards to annulment.So now am worry if there will be any complication arise in future.

    ReplyDelete
  112. hi

    Is it compulsory for both husband and wife to attend the court hearing? Could reason such as working abroad be excused from such hearing?

    Thank you.

    ReplyDelete
  113. HAI...my sis n her husband file up 4 mutual divorce.she's maried for five years and has a 4 year daugter. would like to know the consequences after she's married... what happen to her daugter? the father is from India and working as IT Corporate Trainer.can he get the custody and does he got rigt to take her to India?can my sis stop the divorce now?

    ReplyDelete
  114. Hi, i have been married for 2.5 years. My husband is having an affair since Nov last year. I have also been physically abused. We got registered in Putrajaya. However, i am non Malaysian. I would like to know the procedure of getting divorce, how much would it cost me and what can happen to me after getting divorced. I am under spouse visa and have a proper job. I would like to know wht would my status be after the divorce and i can still stay in Malaysia and continue working.
    Thanks.

    ReplyDelete
  115. I have went through all the 3 times tribunal meeting with JPN and has received the certificate from JPN. My husband refused to turn up during the 3 tribunal. I want to further to proceed my divorce but have not get myself a lawyer because I heard it is just too expensive to pay which may range from RM3,000 and more if contested. Since my husband is not staying with us and do not give any money, it is very difficult for me to survive with 2 school going kids that is staying with me. All expenses are on me.
    I wish to know if I do not proceed to divorce my husband, can I still file for the kid's maintainance? (I dont need him to pay me maintainance but for the kids only)
    Would that cost even more than filling a divorce?
    If it is affordable, I wish to proceed with it.

    ReplyDelete
  116. Hi Kamarul,
    I came across your blog while searching for the advice on divorce. I been married since 2005. We have share a condo and have a little girl at age 2. Problems start since last year when her attitude change drastically and requested divorce. Ever since then we had been sleeping seperately in different rooms but under one roof. We do agree on divorce but she keep changing her mind from a day to another.
    I choose to stay till now because of my baby gal. Is it true that the custody of the kid will be given to the mother if the children is below 7 years old. Shall we proceed to the divorce, can i request for a joint custody for my chlid? or is there any chances i can have the custody for my children? She is deffinetely not in a strong financial status to provide the children, can this be a point?
    Thanks

    ReplyDelete
  117. Hello Mr. Kamarul,

    My marriage was registered nearly 2 years ago, but we have never lived together(we are studying in different countries). The ROM was actually signed when I came back to Malaysia from oversea for a short vacation. Eventually we both agree it was a mistake to have registered and want to give up the marriage. May I know if it is possible to file for a marriage annulment(to revert the status to "single")? And what is the procedure to get an annulment(or divorce)when both of us are abroad now(both in different countries).
    Would be very grateful if you can give some advice on this. Thank you.

    ReplyDelete
  118. Hi All,

    I see here all wanted divorce and etc. Have anyone spent time to talk to your partner living together without divorcing? Why don't you hire a professional to do the mediation? Why always choosing divorce as a path? In life you will always have high and low, but the main thing is how you handle the problem.

    If you partner getting angry, try to consult with him why he is getting angry. Try to find a way to change him. No man wants his wife to suffer.

    How you guys got married in the first place? Did you ever spend time talking about the issues that you have?

    About me...
    I am not a Malaysian but got registered to a Malaysian girl. Our marriage is an arranged marriage. When my dad showed me her photo, I decided she is my wife. And I started to think about from that moment. We got registered as husband and wife on May, with the rush.

    4 weeks ago, I am my wife had some argument and some emails sent by both parties... We were talking about divorce and so forth. It was actually my fault. Couple of days ago she told her parents that she do not want to marry me and she wanted to study further because of the incident. Even I was fighting with her, when I heard that she told her mother that she doesn't want to get married, I was devastated. I don't want to split... I begged her... I cried for her... But she said no.

    Having said that, I am not a bad person. I don't drink and hit anyone. I don't cheat. I don't smoke. I don't use bad words etc. But we are not getting along, that is what she said.

    I want to get advise how I can make her to change her mind. I can take her away from my heart... My heart is so shattered... I can't do my work properly... getting headache thinking about this everyday.

    I just wanted to tell please do not take divorce as a solution. Think... Consult... Listen to other people. Only take divorce as a path when you can't handle him. If he is making mistake then help him to overcome it.. if he is getting angry all the time, try to understand him and help him to get out of that.

    We only fight once in 5 - 6 weeks... but my wife decided we don't get along. I am in overseas, so I am already been punished by living separately. I have promised her that I will provide her happy life, but she is stubborn and want divorce. I am still hoping that she will change her mind... I can only prey god :(

    Again, please try to talk to him / her... Life is short so be happy... make the decision when you calm... I know how much it hurts...
    Don't do it... Search the internet how to live your life rather than searching for how to divorce. I am begging you all, you are hurting lot of people.

    Having said this, after you have tried so many things and you still can't handle it then go for the divorce.

    S T :)

    ReplyDelete
  119. Hi ST,

    thank you for your beautiful comment..yes you right and I am totally agree with you..divorce should be the last solution.

    ReplyDelete
  120. Thanks Kamarul.

    I am still hoping that she will change her mind. It is so hurting and I can't imagine a life without her. I never thought that it will end this way, I wish I can go back in time and change it.

    Do you know how I can change her mind? I already begged her :(

    It is my fault... partially... but I have begged her to forgive me and rethink and after couple of days she told me that I am a nice guy but she it not a good much for me and I should look for a girl that matches my character... My heart just stopped for a minute...

    As you have more experience handling these things, do you know how I can convince her?

    My only problem is that I get angry for even small matters but I am trying stop it... and I also push her not to do some stuff that I don't like... I am not perfect but I am trying to be a better husband for her, but she is not understanding me...

    I am 100% sure that this will go away gradually but she is bit afraid.

    Can you help me how I can change her mind? I am living by myself and this makes it worse...

    Thanks for your help.

    S T :)

    ReplyDelete
  121. Kamarul, I have drop you an email (ki_my@hotmail.com) and i do hope for your reply soon. thanks.
    Harvey.

    ReplyDelete
  122. Dear Kamarul,

    Need your advise on my issue.
    I am a mother of 2, married since 2002. I plan to divorce. I was wondering if in Malaysia, if the wife is allowed to stay in the same house with the ex partner and the children after the divorce?
    Thank you.

    ReplyDelete
  123. hi ,
    If for an example,the both couples are in a foreign country and the husband is a foreigner but she got registered in malaysia and the marriage has been 2.5 years and they plan for a divorce,can it be done in the foreign country where they are in or they have to be in malaysia to file for a divorce?Hope to hear from u soon .

    thanks
    shea

    ReplyDelete
  124. Dear Mr Kamarul,

    Please advise who should I go to for filing of my divorce proceedings from Singapore?

    JPN or another lawyer in KL?

    According to the High Commission in Singapore, I do not need a lawyer to update my records.

    please advise.

    ReplyDelete
  125. Dear En Kamarul,

    I get married for 13 years with 3 kids but my wife bought my 3 kids stay with her parents since 6 years ago with the reason of couldn't stay with my parents.
    All the while we are still mainting good relationship but she is pestering me to divorce with her lately & wanted to take half of my assets!
    Im now so lost, could you pls guide me what should i do?

    Many thanks.

    TC

    ReplyDelete
  126. Hi,

    I am a foreigner married to a Malaysian. We both want to file for a divorce, but we got married in my hometown (Philippines). Under my country's marriage laws, divorce is prohibited. We only have annulment which is very hard to process and will take years to finish. I've read articles in our Marriage Code and I found out that my ex-husband has a right to petition for a divorce in his home country (Malaysia). How do we go over this?

    Hope to hear from you. Thanks!

    ReplyDelete
  127. HI Kamarul,

    We have been legally registered & consummated our marriage for 4 mths. I found out that i am unable to carry on this marriage due to his attitude & the interest is no longer exist. I have voice out to call off the wedding before the civil took place in JPN, somehow was convinced by them to proceed.

    My Question is :
    1) i was advised to file for a judicial separation due to marriage is less than 2 yrs. Wat will happen if he objected or fight back ?
    2) can he claim me for wedding expenses ? eg. receptions, preparation etc.
    3) am i consider cheating against marriage ?
    4) hw to proof that the marriage had irrevocable broken down, does verbal threatens counts or i need to seek psycologist ? i somehow got into marriage by convinced..
    5) do i need to go thru marriage tribunal ?
    6) hw long will the whole process take ?

    hope to hear from you .

    ReplyDelete
  128. Hello Kamarul,

    I am Indonesia woman married to a Malaysia Citizen about 2 and a half year ago in a Chinese association. Been living separately for a year now, i want to file for a divorce and back to my original country. Do I necessarily need to file for a divorce since I am going to settle down in my own country and the cert is not registred under my country's law. Thanks

    ReplyDelete
  129. Dear Kamarul,

    My younger sister left home and got married to her boyfriend last year Feb and delivered a baby girl in August 2010.

    Initially, this husband of hers was hitting her and abusing her physically with the reason that her family not treating him with respect. She left him in June 2010 and lodged a police report to safeguard herself. We called him and talked to him and his mom; both amicably agreed to forgive and forget. But after that she reconcile with him and the hitting and abusing episode started again. There was an incident whereby he hit and kicked her in her stomach after she delivered a week after she delivered her baby via cesarian.

    She has been relaying her pain to me and my mother. But my sister is too afraid to lodge report or to go against him. The husband severed all communication with us. He threathen that he will harm us if we interfere in their issues.

    As a parent, we do not know how to assist her and safe her from that dreadful situation. We do not want to create a thought that we are interfereing in their marital issues. But at the same time, she is my sister, i can't just walk out of the issue.

    Please help me with my queries:-

    1. If she leaves him, what will happen to her baby? Can she take her child with her? The husband do not want to allow her to take her baby anywhere.

    2. Can she apply for divorce? What are her chances of obtaining the divorce and her child?

    3. As a parent, what can we do to assist her? Can we lodge a police report against the husband? Will the police take action base on our report?

    4. To what extend can we help her?

    5. Can we take any restraining order against him?

    Please advise.

    Thank you very much.

    Rosie

    ReplyDelete
  130. Dear En Kamarul,
    if our marriage is already 2 years...and i would like to apply for single petition,is it a must to attend court?and around how much is the legal fees,as i just started earning .Im just 23.

    ReplyDelete
  131. We married for 10 years with two kids a boy and a girl ,recently a arguement had happen cause of third party friend in house, lastly she told me that she insist me to divorce so that she can married to the guy, since her earning more from me, i need to ask about the kids custody due to her earning will the court granted base on that?
    please advise
    thank you sir

    ReplyDelete
  132. hye..

    i just want to ask. there is one of our client have applied for joint divorce petition but both are residing in overseas. they registered their marriage in Malaysia. as we know, both parties have to be present on the first hearing before the judge in order to obtain the order. however, one of our client refuses to come all the way to malaysia just for the 1st hearing. so, i just want to ask, is there possibility for our client not to come on the hearing date?

    ReplyDelete
  133. Dear Kamarul:

    I have been legally registered for 6 months but not yet carried out any traditional wed lock.and we have been staying seperately ever since we registered.Now we feel we cant tolerate each other and we are not keen to carry out our traditional wed coz we felt if now we cant tolerate what is the point to continue???So if we choose to divorce what is the procedure?and do we still need to wait for 2 years and can we go for annulling the marriage since we never lived as husband and wife?

    ReplyDelete
  134. Dear Kamarul,
    I am curious Muslim country divorce proceed for Non Muslim Divorce Proceeding.
    Everyone said Muslim country with low divorce percentage. The Divorce Proceeding is complicated in your country?

    For below case
    1) How long will take?
    2) The law will protect woman more?
    3) Above condition will decrease the divorce rate?

    They married around 10 years without children.

    The man didn't live with her around 2 years
    (You have said separably document couldn't make the marry invalid automatically.^^)

    If the man ask to Divorce how much money does he have to pay? (When woman ask the alimony how much alimony is reasonable amount?)

    If the woman ask to Divorce how much money does the woman can get?

    Thanks so much for your kindly help.

    ReplyDelete
  135. Hi,
    In divorce, If both husband and wife are earning income (working), does the husband still require to pay for maintenance of children (if children are below 7years, and children follows wife). How is the payment of maintenance computed legally so that it is fair to both parties.

    ReplyDelete
  136. Hi Kamarul,

    I have been married for more than 8 years. Im 7 months pregnant and would like to file for a divorce from my husband due to irreconcilable differences. He has hastily agreed when I brought up the subject.

    We have bought a house (joint name) 7 years ago. Can i solely claim for the house and how much can i claim for child custody (both my 7 year old daughter and unborn son)?

    If he does not appoint a lawyer, does that mean im filing for single petition?

    ReplyDelete
  137. Dear En Kamarul,
    My marriage is more than 2 years. We have simply gone our separate ways in terms of thinking and feelings and there is no point going on together.

    A joint petition is something we can do. However, she is overseas and we are wondering whether her signature on the documents is sufficient or she needs to attend court?

    ReplyDelete
  138. Hi En Kamarul,

    my fren suspecting hubby having an affair but has no proof. they sleep separate room for a year now. wife working and looking after children and home. hubby work & drinks every night and dine out 70% more last few months. can wife divorce hubby and keep child and how does assets divided if all assets under hubby's name. hubby still financially supporting wife and child.
    regarding child custody, maintenance, division of property and other relevant factors.

    ReplyDelete
  139. Dear En Kamural.
    I am an expat (UK) married to a local Chinese for 3 years. In the early years I had a good career but the recession hit hard and I changed careers to establish a tuition centre. We own (or the bank does) a Penthouse and I wished to rent it out so we could take a smaller property whilst I built back our cash reserves but my wife refused. Since our marriage she has raged terribly and regularly beats me savagely with fists, feet and household implements. I used to retaliate to defend myself but now I just curl up in a ball. Because of the finances, she has started to pay household bills and this month will pay the mortgage. As a result she wants me to leave and hand the house over to her even though I've spent nearly RM1m on it over the past 2 years. She's also joined dating sites and claims she's found someone else. She says that a woman shouldn't have to help out with the bills and therefore when we divorce she'll get everything. Is this true? By the way there are no kids.

    ReplyDelete
  140. Good Day to you.

    Ive been married for 9 yrs now and i have a 7 yr old son. i have been contemplating divorcing my husband for a yr now as i would like to put Irreconcilable Differences but my issue now is how do i get it started. what is the first step i should take. we still live together. do i move out? Please help as i cant wait any longer.

    ReplyDelete
  141. Dear Kamarul,

    I married a man due to family pressure and it was clearly a marriage of convenience. We had arguments every single day and everything was practically an issue. I never wanted to have a kid with him but somehow an accident happened and my son is 3 yrs old now. After 4+ yrs of living with this stranger, I would like to file for a divorce. I have asked him for a divorce many times but he is unwilling as he wants to stay as a family for the sake of his son. We no longer sleep in the same room ever since my son was born. I am very unhappy in this marriage and just wanna move on.

    I would like to file for full custody of my son with visiting rights to the father. What are the chances of me winning this case. I have a high paying position with an MNC. I would also like maintenance and ownership to our condo which we co-own. Kindly advise on the procedure and the duration of this divorce proceeding.

    Thank you.

    ReplyDelete
  142. Dear Anonymous,

    Your case falls under section 70(c) of the Law Reform Act, in which you can ask the court for an order to nullified the marriage on the ground that you are not validly consent to the marriage.

    Since you mentioned earlier that you married the man due to family pressure, it shows that the consent that you have gave to the marriage is not a real consent as it was tainted with element of duress.

    The chance of you winning this case is quite good if you can prove to the court that the consent was not a real consent and you are not happy with the marriage. But since you are the one who is seeking for the divorce, it means that you will have to file a single petition in which your husband will be named as a respondent and there is a possibilty that the hsuband will oppose for your divorce petition.

    The duration for your divorce proceeding may take quite a long time since your husband refuses to divorce.

    With regards to the maintenance and ownership of the condo;

    1) maintenance: since you are the one who seeking for the divorce, the case law suggested that you would not be able to claim for the maintenance

    2) condo: the condo will be regarded as a matrimonial property and since it was acquired during the marriage, the parties will be entitle for the property, and the determination of the entitlement will depends on the contribution of the parties

    With regards to the custody of the child, the court will decide what is the best for the interest of the child. To that end, the court will examine the relationship of the child with his father or mother, the age of the child and etc, and only thereafter the court will decide what is best for the child.

    The procedure for the annulment of the marriage is quite complex, hence i suggest u to engage a lawyer and he will therafter, explain about the procedure.


    Sincerely,

    Khairul Aiman bin Kamar Rozaman
    on behalf of Messrs. Irzuan

    ReplyDelete
  143. Dear Lil Faith,

    There are two ways for you to file for divorce petition.

    1. By filing a joint petition, whereby both parties agreed to divorce and thereafter you will only need to reach a consensus with regards to the division of matrimonial property, maintenance as well as the custody of the children. This is easier and cheaper.

    2. By filing a single petition whereby youre seeking for the divorce whilst your spouse are not agree for the divorce. This method is a bit complicated, time consuming and expensive as oppose to the first method. First, you need to convince the court that there is a need for the benefits of both parties to grant a divorce, and thereafter, you will decide about the maintenance an other ancillary claim.

    For the first step, I suggest you to go to Jabatan Pendaftaran Negara and attend a course commonly known as "Majlis Perdamaian" whereby the course will try to reconcile the marriage. It is compulsary and you will need a certificate from the "Majlis Perdamaian" stating that the marriage cannot be continued anymore, and only thereafter you can proceed with the divorce petition.

    Sincerely,

    Khairul Aiman bin Kamar Rozaman
    on behalf of Messrs. Irzuan

    ReplyDelete
  144. Dear En Kamarul

    Can I go to Jabatan Pendaftaran Negara to apply for divorce instead of go through the Lawyer? because it's very costly which is not affordable by me at this moment.

    If my husband refuse to sign on it, can I still proceed for divorce ?

    Sincerely
    EL

    ReplyDelete
  145. Dear elainelsf, in divorce proceeding, the JPN's role is only for the purpose of registering the divorce. JPN does not have any jurisdiction to grant a divorce since the power to grant a divorce is vested on the court.

    As a matter of fact, u can file your divorce petition without the assistance of the lawyer. the good side is that you can save the cost. but those good side will always being overshadowed by the bad side as the consequences of not hiring a lawyer.

    The bad sides are (this is not made for the purpose of intimidating you):

    i) You will find difficulty to adhere to the procedure of the court;
    ii) You will find difficulty in filling up the form that need to be filed to the court
    iii) You may not get what you claim for e.g:- division of matrimonial property, custody of child, and maintenance
    iv) The worth case scenario is when your spouse is represented by a lawyer, there is a high tendency that you will be twisted to believe whatever your spouse's lawyer's advice which may in turn, prejudicial against you.

    In the event where your husband refuses to sign the divorce petition, you can always opt to single petition. However, single petition is very costly and tedious where you need to reach a consensus with regards to everything ( e.g: custody of child, maintenance of child, matrimonial property etc) before the court can grant you a divorce.

    Thus, I suggest you to hire a lawyer in order to ensure that your right is well protected, and for the sake of your happiness in the future. In addition to that, there are many lawyers with heart outside there who are willing to help you with a very reasonable legal fee.

    Sincerely;

    Khairul Aiman bin Kamar Rozaman
    on behalf of Messrs. Irzuan

    ReplyDelete
  146. hello,

    i am converted to islam and my husband cannot accept islam. I want to divorce him on this reason. is it possible and what should i do?

    ReplyDelete
  147. Hi,

    I'm currently in the process on filing single petition for my divorce and my lawyer has already submitted my single petition case to the court after obtaining the cert from JPN that our marriage can no longer be saved. The problem i'm facing is that my husband has been ignoring all the calls for appointment from JPN and from my lawyers. Documents was also returned back to my lawyers when they send to him thru mail.

    We have 2 children from the marriage and my son is currently staying with me and my daughter with my in laws. May i know how will the process be after this as my lawyer is not telling me in details on all the proceedings and moreover this single petition is costing more than i can afford.

    Pls help. Thanks.

    ReplyDelete
  148. Actually, it is unethical for a lawyer to advice another lawyers client, however for ease of your mind, i believe that u can tell the Tribunal Perdamai officer that u have attempted to reach your husband but he refuses to coorperate and as such, u may ask the permission of the Tribunal to invoke section 106(1)(iii) in which you can ask the exception not to refer the divorce problem to the Tribunal Perdamaian on the basis that your husband failed willingfully to attend the Tribunal Perdamaian.

    ReplyDelete
  149. Miss Tan, since you have converted to Islam, the law regulating the non muslim mariage (i.e: Law Reform (Marriage & Divorce) Act ) is not applicable to you.

    So, u cannot apply for divorce with your husband.

    However, in the event where your husband is not happy with your conversion, he himself can apply for divorce on the ground of conversion as stipulated in section 51 of LRA.

    In addition to that, the proper date for your husband to file for divorce petition is 3 months AFTER the date of your conversion to Islam.

    Khairul Aiman

    on behalf of Messrs. Irzuan

    ReplyDelete
  150. Hi,
    I have a situation here.I and my boyfriend were in love for 3 years now.But his family doest approved our relationship.And somehow he was forced to marry the girl that his family chose for him.he was married for 1 1/2 years now but he was not happy with her but infact he was still with me from the day he got married to her.He already told his wife that he wanted to divorce her and she knew that he was still in love with me and that we are still seing each other everyday.Now we plan to get married early next year as soon as he get the divorce from her.All we want to know now is how long the procedure for divorce will take and based on what reason can he file the divorce?We will realy appreciate if you can guide us on this coz we already went through lots of difficult situation to face this.

    ReplyDelete
  151. Hi khairul,

    i have some questions on divorce:
    - maintenance
    - properties ownership
    - we stay in different states

    i'm earning aroung 8K/month and my wife around 4K/month. how much i suppose to pay her as maintenance and how long? as i'm the husband asking for a divorce, joint petition, reason: cannot get along.

    joint name house, however, i paid for the downpayment, instalment by loan on me solely. she paid 30K for the renovation. What will happen to this house? she will get 1/2 the share? according to the lastest market value or the value when we bought the house although she only paid for the renovation? or just the portion she has paid for. how to change the ownership of the house? can the same laywer do it?

    can i file the divorce in the state i stay then bring it to her to sign? how about court proceeding? we need to attend?

    from A

    ReplyDelete
  152. Hi Anonymous, the law stated that your boyfriend can only petition for divorce only two years after the marriage, so he need to wait another 6 months before he can file for divorce.

    your boyfriend's case falls under section 70(c) of the Law Reform Act, in which you can ask the court for an order to nullified the marriage on the ground that he did not validly consent to the marriage.

    Since you mentioned earlier that he was forced to marry his current wife due to family pressure, it shows that the consent that he had gave to the marriage is not a real consent as it was tainted with element of duress.

    The time taken for the divorce proceeding depends on the nature of the petition itself, if both your bf and wife agree to divorce, then it will be quicker, but if your bf's wife objected to the petition, the longer time is needed as the matter will be contested and there's even a possibility that the matter will go for full trial.


    Sincerely,

    Khairul Aiman

    on behalf of Messrs. Irzuan

    ReplyDelete
  153. Hi Khairul,

    I am writing in behalf of my mom. She and my dad had been married for 34 years now and they have not been living happily for a long long time. He wants to leave.

    Before he left,he change the ownership of the house to my mom as agreed for a specific sum. The transfer has completed.And we have paid 70% of the agrees sum.

    He has already left the house,and he is now demanding the 30%. We are worried that he would harass us after we have paid the 30% balance.

    As my mom is still legally married with him,is there any way he take legal action?

    What would be your advice to solve this problem?

    Thanks

    ReplyDelete
  154. Dear Anonymous,

    1.
    The amount of maintenance that you need to pay will depends on the lifestyle of your wife during the period of your marriage. If she lives a luxury life, the the maintenance will also be higher.

    2.
    You need to pay the maintenance during her life time if she did not remarry and you will stop paying the maintenance if she remarry.

    3.
    The entitlement of the wife for the portion of the house will depends on her contribution to the house. the court will take into consideration these matters;
    i) who paid the downpayment and howmuch it was paid;
    ii) who paid the monthly installment;
    iii) who contributed to the renovation and how much

    4.
    The value of the house will be measured according the current market price.

    5.
    The same lawyer can handle the transfer of the property, but the fee was not inclusive of the fee for the divorce petition since the matter was two different matters.

    6.
    U need to file the divorce petition at the state where your matrimonial house situated. let say if your matrimonial house is in Pahang, then you need to file your divorce petition at Pahang.

    7.
    if you file a joint petition, there is no need for you to go for trial. the matter will involve technical stuff like drafting the petition and affidavit and there is no need for you to attend the court. you can let us, the lawyer attend the court for you.

    If there is any query, feel free to contact us. we would happily help you to get the answer to your query.

    Thank you,

    Khairul Aiman
    Messrs. Irzuan, Advocate & Solicitor

    ReplyDelete
  155. Mr. C, refering to our phone conversation just now, we believe that by filing a divorce petition will put the end to your parent's problem because even if youve paid the sum demanded, he can always at any time come and ask for more money. by the way, u do mentioned that you worried about the legal fee, maybe we can discuss this privately..feel free to mel me at khairul.aiman2@gmail.com

    ReplyDelete
  156. Dear Khairul

    if both parties agree, can maintenance be paid as a lum sum?

    from A

    ReplyDelete
  157. dear khairul,

    i can't be paying her too much per month because i have other commitments. and i'm earning 8K right now, normally how many percent need to go to her>

    from A

    ReplyDelete
  158. Hi...

    I have decided to divorce my husband.We are married for 9 years now (April 2002).Within that period,we had tried our best to give and take, but all to failures..and at the moment, we are still considered legally married even not staying together.

    During this marriage, I had put up with all his bad attitude of beatings,warnings,disrespect and was mentally abusive by him.All that were never reported as I was trying my best to save our marriage.Our relationship became intolerable that the previously in 2008, I filled up a form on tribunal and we lived separately.But then I came back to him.I had two kids at that time.All the letters and calls to attend for the tribunal talks were never entertained by us.Finally, I cancelled it.

    We lived normally until problem arose again.I have 3 kids now (8 yr/7 yr/1yr 8 mths), all in his care.I love my children but I know I could not provide as much as the father.Despite both of us being incompatible,he loves the children and for that, I am not worried for the children's sake.I have not been living with him since November 2010 ( separated from my children since mid of December 2010 due to work).He and I had different opinions on the work matters and life.I am staying in different state in malaysia and we had no contact ever since then.

    At the moment, I am thinking of converting to Muslim.

    My questions are:

    1)What should I do for divorce that does not involved hiring of lawyer as I am not stable financially? I think I will be doing that on one sided as I don't want to hear or meet him at all.


    2)Is it true that I heard when a husband n a wife are not staying together for 2years, their marriage is considered null? And should I report something on this ? How should I do that?

    3)Can I get married to a foreigner Muslim man during this period? Heard that marriage registration of non Muslim will be considered nulled when either spouse convert to Muslim.How far is this thing true? We are thinking of getting married and living overseas.

    Confused

    ReplyDelete
  159. Man from Serdang: My new problem
    ---------------------------------
    I have issue with my wife for quite some time since our wedding last year June 2010. She is a hot temper, always shout for even small matter and always involve her parents into the husband and wife issue. She always accuse me having affair even if I just talk or meet any female friends. She always check my phone, emails, and other personal belongings to find out where I go, who do I meet, and so on. I feel very stressed and sad all the time with her attitude. I also found that she had affair with her past collegue before marriage. Its hard to get along with her anymore which I have tried many many times. She always show hate and anger to me but I dont think she want to divorce, which means chances to get mutual consent is very small.
    She is working (contract staff)same as me. And we dont have baby yet. No joint property.
    In this scenario, what would be your best suggestion for me to get rid of my evil wife and continue my life as per normal. Can I file divorce now? Will i be subject to pay her maintenance? How long does this take and how much will it cost me?
    Hoping for your kind advice.

    ReplyDelete
  160. Hi

    My wife and I are planning to divorce. We have been married for more than 7 years and we have a 3-year old kid. We have a communication breakdown and may not be able to discuss the terms of the divorce directly.

    So, to get things going, can I propose the terms for the divorce through a lawyer and after we come to an agreement with my wife, we then file a joint petition together?

    Roughly, what is the total cost for divorce? I know you mentioned that there is no fixed price. Could you please provide an average market price range, so that we have an idea?

    As we have been married for more than 2 years, how long can the divorce be settled if both parties file a joint petition and have mutually agreed to the terms of divorce?

    My wife is highly qualified and has a Masters degree and has higher academic qualifications than me. She can take care of herself financially. In such a case, am I still obliged to support her with a maintenance fee after we divorce?

    ReplyDelete
  161. Dear Mr Kamarul

    My husband and I had our ROM in June 2009. We had mutual agreed to divorce last year (2010). Recently both of us are working overseas, may I know what is the procedure for me to file a divorce? How long does it take for the court to confirm our divorce? And last but not least, may I know the divorce fees for non-muslim?

    Thank you & looking forward for your reply.

    Regards,
    Sylvia

    ReplyDelete
  162. Mr. A, theres no formula in determining the amount of money for maintenance. It will depends on the factors that ive mentioned earlier.

    ReplyDelete
  163. 1.
    Miss Sylvia,you need to file in the divorce application in Malaysia.
    2.
    Since both parties agree to divorce, the time taken to complete the divorce registration is shorter..between 4-6 months.

    3.
    The legal fees for joint petition is cheaper, and it range from rm5k to rm8k

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  164. Hai man from serdang,

    1.
    U only can file the divorce petition after two years of your marriage. But there is an exception to it, but it is quite difficult to invoke the exception. The court will only allow you to file the divorce petition before two years of marriage, in a very unusual circumstances. From your story, i dont think the court will allow you to file the divorce petition before 2 years of marriage.

    2.
    you have to pay for the maintenance, but it will depends on her lifestyle during the subsistence of your marriage.

    ReplyDelete
  165. Mr. Anonymous,

    1.
    for joint petition, the legal fee ranges from rm5k - rm8k, whilt for single petition, the price could start from rm8k - rm15k (depending on the complexity)

    2.
    with regards to the maintenance, you still have to pay her, but the amount will depends on the amount of money that you gave during the marriage. since she have a higher educational background, that might be relevant in lowering the amount of maintenance

    sincerely

    Khairul Aiman
    Messrs. Irzuan
    khairul.aiman2@gmail.com

    ReplyDelete
  166. Hai anonymous (23 April 2010)

    1.
    It is very difficult for you to file for divorce witjout having a lawyer.
    the reasons:
    i) it involves technical legalistic duty;
    ii) you need the lawyer to correspond with the husband

    2.
    No, the fact that the spouse did not stayed together for a period of 2 years does not nullified the marriage.

    3.
    Since the answer to question 2 is no, u cannot marry the muslim foreigner. your conversion to muslim will not be a ground to nullify the marriage. it will become a ground for you husband to file for divorce petition, on the ground of your conversion to islam

    sincerely

    Khairul Aiman
    Messrs. Irzuan
    khairul.aiman2@gmail.com

    ReplyDelete
  167. HI Mr Khairul,

    I am a depressed lady seeking for good advice and a person to listern. I have been married for 4 years (in 4 days anniversary). Our marriage was going on fine till I got pregnant in July 2007. It was very much a happiness for me and my husband, my old independent parents and his mum.

    After 3 months of pregnancy, I started having extremely bad morning sickness. I just hated to see food, I hated to go to stuffy areas and all weird feelings came to me. I get very tired and often drive home and sleep after work. I just wish to sleep all day as I feel weak. I was on MC for a very long time.

    cont..

    ReplyDelete
  168. Hi
    I need help i trying to get divorce from my husband cause i feel we nt suitable for each other . we have separated about month ago ... he cuming to hse make problem and hit me few times . What can i do ? pls adv me

    ReplyDelete
  169. i just got married 6/12 ago but within 2 months of marriage my husband started living in a separate room.his reason being he has no more feelings for me. now he wants to go on separate ways. i dont want to go on separate ways. how do we go on from here?

    ReplyDelete
  170. Dear Mr Kamal

    I have two kids.I plan to divorce my husband. He is an active playboy. He denied he had any relationships with any girls. I caught and kept some photos of him and girls, facebook messages and phone sms.Im not sure that he did commited adultery behaviour with other girls.But from the photos he took im sure high possiblities that he did it. Im in great pressure due to his bad behaviour.. he denied everything eventhough i present the evidences i had. He moke me that im not good at socializing with people. I asked him to divorce me and support finacial to my kids. But instead he acts wild and destroy things at our house and threatened me that he will not support me financially and will no longer care about us.. i'm working but dealing with many debts, have to support my mom financially and still doing my pjj. due to this matter i cant support my kids financially all by myself. I have been married to him for seven years but all the way in our married years he cheated on me with other girls. As there any by chance that i can pay the trial installmently. i desperately want to divorce him. i can't live with him because he's still seing another girls outside. He lies a lot saying he performs his duty until morning.. He is a policeman. He's good at lying and knows the trial procedure. He always come home in the morning. Can i win the case?What if he refuse to come to the court and support financially to us? he has many lawyers friends. please help me..

    ReplyDelete
  171. Hi Anonymous (May 17, 2011 11:51 AM),

    1.
    To start with the divorce process, u need to identify whether your husband is willing to divorce or not.

    2.
    If yes, you can file a joint petition in which the process is much more simpler, cheaper and faster.

    3.
    If no, you need to file for a single petition in which the process is tedious, more expensive and time consuming.

    4.
    For the start, I suggest you to go to the Jabatan Pendaftaran Negara first to resolve all of your query

    Khairul Aiman
    Messrs. Irzuan

    3

    ReplyDelete
  172. Hi Anonymous (May 18, 2011 11:56 AM)

    1.
    The law stated that you can only file for divorce petition, after two year of marriage.

    2.
    You got married on 6/12, hence you cannot file for divorce petition because your marriage is yet to reach 2 years.

    3.
    But you can file for divorce even if your marriage has yet attained the two years period if you can show to the court that there are extraordinary circumstances which justify the need of you to file for divorce even if the marriage is yet to attained the two years period.

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  173. Hi Anonymous (May 19, 2011 5:24 PM)

    1.
    Adultery is a very good ground to ask for divorce. You also had evidence that can strengthen your allegation, hence making the probability of getting the divorce higher.

    2.
    With regards to the cost of the trial, there is no need to worry as there are legal firms that courteous enough and will fix the legal fees according to the financial background of the client so as not to put too much burden on them.

    3.
    The fact that your husband have so many lawyers friends should not be considered as a hindrance for you in pursuing your claim.

    4.
    For further information, e-mail me at khairul.aiman2@gmail.com

    Thank you

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  174. Hi there,

    I'm Indonesian married to a Malaysian, and currently staying in Jakarta with my soon 5 years old son. My son is still holding Malaysian passport. We've been back for good since January 2009, and not even once, my husband has ever visited us. My son has been in schooling since we came back here.

    We separate because i caught him having an affair. He even admitted it, and the girl indeed called me few times confirming their love story. It was such a frustrating marital life, tearing me all apart, then eventually I decided to leave him and went back to Jakarta. Like i've mentioned that i came back on January 2009, my husband and his girl friend were having holiday to Disneyland Hongkong in July 2009, let alone other places and occasions. After i came back here, they did not even attempt to hide it, they post all their pictures of togetherness in facebook, and i save some of them.

    By mid of 2010, I realised that he wouldn't try to save our marriage, and that he was still in relationship with the girl (i know it from facebook too), so i started suggesting divorce, but he totally ignored me. I did not give up, and i mentioned about my wish to divorce from time to time, but he always turned me down. About a month ago, I finally gathered my gut and called his dad, asking his favour to persuade my husband to divorce me, and he did, my husband agreed to file joint petition. I have engaged to a lawyer. However, last 2 weeks he changed his mind.

    I am very frustated with his attitude. I suggested joint petition, and i didnt demand anything, not even child maintenance, but he made hard times for me. i literally begging him to divorce me, ironically he talked back to me with his thick tongue despite the adultery he performs. He said he is more capable financially in raising a child, that the love of a mother to his son is absolutely obsolete, and that it was my fault of leaving him and taking his son with me.

    This man has destroyed my dignity, abandon me and my little baby, and yet i still have to beg for his pity.

    My lawyer then suggested me to file a single petition with cost ranging from RM20k - RM50k (estimates) and the duration from beginning to end would be around 2 years in the Kuala Lumpur courts and 2-4years in the Shah Alam courts.

    There's no way i can spend so much money just to clear my status, i would rather use that sum to give better education to my son. But then my lawyer doesnt seem to have other solution for me. Is this true?

    Thank you for taking the time in reading my email, and i hope i will hear from you soon.

    ReplyDelete
  175. Dear Sir,

    My name is Natalie and I have posted a comment earlier on today. I'm an Indonesian married to Malaysian in year 2003 in KL. We are blessed with a son in year 2006. I caught him in an affair in 2008, I tried to reconcile with him, and he didn't have the same intention. I decided to went back my home town, Jakarta and I bring along our son, holding Malaysian passport but with double nationalities, he is granted Indonesian nationality as well. Now I want to file divorce, but failed to ask a joint petition from my ex.

    I've read the Laws of Malaysia
    48 (1) (c) where the domicile of the parties to the marriage at the the time when the petition is presented is in Malaysia ---- I have left Malaysia since January 2009, can I still file a petition?

    I have also read the article 53 and 54 which govern the breakdown of marriage to be sole ground for divorce and Proof of breakdown--- does this mean i can apply divorce without his approval/ consent?
    1. He has committed adultery ---- I have their pictures, are they suffice to serve as evident?
    2. He has deserted my and my son ---- well he sent us some money on irregular basis which definitely insufficient to serve for the education and basic needs of our son. But he never came to look for us either--- does this serve as the ground to file petition?
    3. we have lived apart for a continuous period for more than 2 years cross country boundaries----can this also serve as the ground to file petition?

    With regards to the child custody:
    1. Under clause 88 (3), I understand that there shall be a rebuttable presumption that for child below the age of 7 years to be with the mother. My son turns 5 soon.
    2. I do aware that despite of No. 1 above, he can claim for the custody. However, I can challenge his financial state as I know he has high obligation with loans, mortgage, and of course credit card bills.
    3. I have good educational background holding BSc (Hons) in BIS, where he didn't even make it for his diploma.
    4. He owns a business but I believe the business is not doing good, ever since I left him--- I managed his company account
    5. He does not show any intention of reconciliation. In fact, he is still maintaining his relationship with his girl friend, and bring her out in every event that involve our friends loop. He never came to visit us, it will be clearly stated in his passport.
    6. He still perform infidelity

    Thank you so much for taking your precious time to read my story, and i greatly appreciate if you could advice me on how i should go about this. It would be good if you could represent my case, of course if I can afford to pay the fee.

    Sincerely,
    Natalie
    natalie_lie@yahoo.com

    ReplyDelete
  176. Hi Mr Khairul,

    My friend had filed her divorce by mutual consent and was approved by judge in court (in March last year (2010), from her understanding it would take abt 6 months to get the divorce certificate. But she has been waiting for more than a year now and her lawyer said that he is following up but refuse to let her know why there is a hold up. So, the question is how she could find out why the hold up and how she could expedite the proceeding to finalize her case (to receive the certificate). Thanks in advance for your advice.

    Best Regards,
    Anonymous

    ReplyDelete
  177. Anonymous;

    1.
    What your friend can do is to go to the Court's Registry and make the query as to the delay of the granting the decree nisi. The Court's clerk will assist your friend on that matter.

    Thank you,
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  178. Dear Natalie,

    1.
    Despite the fact that you have moved to Indonesia, you can file the divorce petition here as the domicile of your husband is still here in Malaysia

    2.
    There are lots of issues in your case, however since there is an allegation of adultery supported with evidence, I believe that you have a very good ground to petition for the divorce

    3.
    Feel free to contact me at khairul.aiman2@gmail.com if there are more queries

    Thank you

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  179. Hi, my sister's hearing date in couple of weeks... Just to query if one of the party absence upon hearing what would happen.


    thanks Reno

    ReplyDelete
  180. Reno,

    1.
    If one of the party absent during the hearing, the court may issue a warrant of arrest and requiring the absent party to appear before the court, or else the judge will decide despite the absence of the other party

    ReplyDelete
  181. Hi Mr. Khairul,

    Thanks for your response. Really appreciate that. My friend is getting more depressed & lost each day; really want to help her out. Anyway, a few more follow-up questions hope you could help as I'm not familiar with this at all (Note: Pardon me if my questions below sound a bit naïve or confused).

    My friend is actually in her final stage of her divorce. Her lawyer told her she will be receiving "decree absolute" but it takes much longer than the usual waiting time of 4-6 months after court hearing.

    [1] But from your response, you mentioned decree nisi, so, just want to confirm with you that shouldn't her be granted "decree absolute" rather than "decree nisi" as both parties had appeared before judge/court & signed the "divorce agreements/documents" without any complications during the court hearing last March (2010)?

    [2] In the case of "Decree Absolute" can my friend still go to the Court's Registry and make the query as to the delay of granting the decree absolute as you suggested?

    [3] Can my friend go to the Court's Registry herself without her lawyer? Will the Registry's clerk entertain her if she goes there herself?

    [4] Which Court's Registry to go to? Are there different departments, i.e. marriage/divorce OR is there only a general one?

    [5] Does my friend need to bring any documents and/or identifications with her?

    Thanks again.

    Best Regards,
    Anonymous

    ReplyDelete
  182. Dear Anonymous,

    1.
    The Decree Nisi is same as the Decree Absolute..its just a common short term used by the lawyer..its longer name is the decree nisi absolute..

    2.
    By right your friend can go to the Court registry, and ask for the decree nisi absolute. However, the court's clerk may refuses to coorperate but what your friend can do is to bring the courts document and show to the court that she/he is the parties involves and the attendance is just for the sake of making inquiry about the status of the decree nisi.

    3.
    It depends on which Court you friend get the divorce. you can make query at the Information counter.

    ReplyDelete
  183. Thanks for your reply.

    We assigned under government panel lawyer... How much the average fees normally will be charge in point to prepared.

    Reno.

    ReplyDelete
  184. Reno,

    Im not sure as to the rate of the government panel lawyer.

    ReplyDelete
  185. Good Morning,

    I am the HUsband...well here the story goes..married six months,wife pregnant...i know we have to wait 2 year to get divorce..but i just wanted to know the consequences,before the marriage parents of her very pushy to get us tie the knots..but now i found out the she is having some mental problem..she screams on top of her lungs..to my mom to my sibling and to me also..wiithout any reason..then she cries at nite saying that she is hungry ,she cries if the dog shit..she cries and scream whenever she likes.When confronting her parents ..they said she is like that and will be ok the next day..ironicly she is..the second day she act like nothing happen.Sometime she threaten me that she gonna hire people(SIKH people) bcoz she is one...to wack me and my sisters..she also says she intent to abort the baby..
    So looking at all this circumstances ,any possibilty to get divorce earlier?
    we have a house under joint name just bought after our marriage..my best intrest is wanna save the house..she only contributing half of the mortgage to bank..the another half i am contributing and so do the renovation sum..
    Can i claim the child in future?

    ReplyDelete
  186. Dear anonymous,

    1.
    From the circumstances of your case. The chance to get divorce before the period of 2 months is there.

    2.
    However, in the event where you decide to proceed with the divorce, you need to convince the court about the irregular state of mind of your wife.

    3.
    You can claim the custody of the child in the future, but the court most likely will give the child to the wife first, considering the fact that the child will be very depending on the wife for the first few years.

    Thank you
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  187. Hi,

    Good afternoon
    I came across your blog while searching for the advice on divorce.

    Please help:-

    I have a friend (she) who have been legally registered in 2007.

    She and her hubby had mutual agreed to divorce this year (2011).
    Reason: cannot get along.

    Both of them have never lived together since the marriage registration.

    Eventually they agree it was a mistake to have registered at initial stage and want to give up the marriage.

    May I know :-

    (1) if it is possible to file for a marriage annulment(to revert the status to "single") in this situation
    (2) the procedure for the annulment of the marriage if it yes?
    (3) the divorce fees for non-muslim?
    (4) How long will it takes for the process of divorce since we dont have any child or property to be settle
    (5) can they will be excepted from the court proceeding?


    Thank you so much for taking your precious time to read her sad story,
    i greatly appreciate if you could advice and help her.

    Btw, may I know where is your office location??


    May

    ReplyDelete
  188. Was reading the post here, was thinking how to move on with life. Seems its not only me there are many such broken heart around.

    Its time for me. Contact you when I need your service. Hopefully very soon.

    ReplyDelete
  189. Hi,

    I was did register marriage 7 years ago due to family arrangement but both of us never leave under one roof, no children, no property & no money under joint name. I was attend hearing in court on 16/06/11. Both side agreed to be separated.

    At the end judge announce "dibatalkan". I asked to the lawyer what is the real meaning for that meaning Dibatalkan is suitable for my case not to say cerai because we didn't live as husband & wife before.

    Please advice , is it so

    from:-ryn

    ReplyDelete
  190. Hi,
    I was attended for hearing at court last week, both of us was agree and judge announced as dibatalkan. Please advice what is the actual meaning of dibatalkan direct to my case.

    ReplyDelete
  191. dear sir

    1. would like to know whether is it compulsory to attend marriage tribunal for single petition divorce? what if either party refused to attend?

    2. can a person file for single petition straight away without going to marriage tribunal? marriage is beyond repair. both has been separated for 10 years.

    3. for single petition if either one refused to sign the paper how long will it drag? can they just ignore it?

    4. if both agreed for joint petition, once either one of them has signed the paper, can they eventually back out? what will happen if back out?

    5. if the husband is having affair, can the wife sue the husband and the other woman for wrecking their marriage? (the husband has been separated from the wife for few years then only he met another woman.) what prove needed to sue them?

    6. can the husband sue/report the wife for threathening to commit suicide with the kids when he ask for divorce?

    7. can the wife ask for 50% of the husbands assets for divorce settlement?

    thank you

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  192. A friend is in the midst of filing a divorce, he's not sure which type of divorce he should go for- contested or mutual consent divorce (he'd married nearly 5 years). He wants to settle the marriage as soon, but doesn't want to be court case as he might lose the custody of children (2 daughters at 4 years and 1.5 years). He doesn't really bother about the division of his properties, most importantly the daughters are with him. What's your advice for him? And, what's his chance of getting the custody of children? Thank you.

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  193. ****URGENT HELP****

    Dear Mr Khairul,

    Me (age:30) and my husband (age:33) registered marriage about 6 month ago.
    My cousin "young" brother (age 28) always at my house with his mom since small (almost everyday visit).
    My cousin is working nearby my work place and im very close to him, we going out like my own brother.
    My husband always suspect me, says my cousin inside car (while im travel between home and office) / thinking we having sex in my bedroom.
    My cousin brother still small boy like my own brother. I told him few times.
    Since registered marriage, my husband start to suspect me with him and shouting vulgar words until i cried everyday.
    Im emotionally depressed and i also started to shout back at him.
    Because my husband's suspicion and vulgar words, i told to my mom and brother. We went to father in-law house and told this wrong-doing because our traditional wedding is getting near in October. My mom shouted at husband's parents because husband wrong behaviour.
    My husband very angry about we went to his house and meet his parents.
    My husband told everything to my dad, about my abortion before traditional wedding (abortion of 3month baby of my husband seeds). I told my husband if never abortion, i will die/ my mom will die. My husband agreed finally and decided to follow for abortion last time.

    Now my dad, mom and my brother beat me because this abortion and choose "wrong" husband.
    They ask me to stop our traditional wedding (planned in october 2011) and file divorce.
    I told my husband--> "My PARENT is more important than you" , but my husband dis-agree for divorce.
    How to proceed divorce without mutual consent? Can i use my elder sister (lawyer) to fight for my divorce?
    I want to proceed divorce because my parents is more IMPORTANT than my husband

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  194. Dear Anonymous,

    1.
    Dibatalkan is different from bercerai.

    2.
    Dibatalkan is when the court is of the view that the couple does not live as a husband and wife from the very begining (maybe because of family arrangement marriage and etc). It embody a situation where the parties does not intend to live as husband and wife at all.

    3.
    On the other hand, diceraikan mean the parties live as husband and wife and do what a normal couple do. they live as a unit until some problem occurs which warrant the need of them to divorce.

    4.
    Hope the explanation is helpful enough

    Khairul Aiman
    Messrs. Irzuan

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  195. Hi,

    It is our 3rd year of marriage this year, and we have 2 children.
    We live with his family since marriage.
    Last year, I quit my career (manager in a MNC) to spend more time with the kids. I took on a lesser paying job which is less demanding so I can focus on my children.
    If I am seeking to divorce my husband, what are my chances of gaining full custody of my children as I am not financially capable to support them on my own at this point?
    (my pay supports my own expenses)
    Would i be able to ask for maintenance fee according to the current lifestyle we live now if i file for single petition?
    kindly advise. thanks.

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  196. Regarding annulment of marriage:

    ROM Feb 2011, no marriage ceromony yet. Not living under a single roof. I work in Pg, She work in Kedah. During weekend i will go Kedah to meet her for 2days. We do have sex (even before ROM) but during night time, we sleep in seperate rooms (she said its not nice since we not yet done the ceromony)
    If she comes over to my place in Pg, we will sleep together for 2 days.

    Can annullment be filed in my case?

    Thank you

    ReplyDelete
  197. Hi, I've seperated with my husband for more than 2 years now and I have a 3 years old daughter. My husband mentioned to be before that he will file for a divorce and I agree with it but there's no action taken till now. My question are as follow:

    1) I would like to file for divorce should I look for a lawyer or I should go to JPN first?

    2) My friend told me I can go to Legal Aid Bureau and they have appointed lawyer to help us. Anyone can get help from the Legal Aid Bureau?

    3)I understand a lawyer will cost more, what other diffrences if I go find a lawyer or go to Legal Aid Bureau?


    Thank you.

    ReplyDelete
  198. Hi,

    A friend is fighting the custody of kids ( 4 years old & 2 years old) with wife. How he can get the custody? Or what is the chances he can get the custody? Thank you.

    ReplyDelete
  199. Dear Kamarul,

    My spouse was petitioner and I went through mutual divorce proceedings. We attended court and the judge agree to the application.

    The thing is we reconcile after about 2 months. I told my wife to do the necessary withdrawal/cancellation of the petition. I think it is the Decree Nisi. She claims she had instructed her lawyer to withdraw the decree nisi due to reconciliation.

    I did not engage a lawyer so I am a little worried. How can I verify that the marriage is still valid? It has been almost a year now and we already have a child. Is the child illegitimate?

    Regards
    En Kepala-Pening

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  200. Dear En. Kepala Pening,

    What can you do is to inquire from your wive's lawyer about the withdrawal of the Decree Nisi. If there is such a document, your marriage is still a valid marriage.

    Since no divorce take place, the child is considered as legitimate.

    Regards
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete