5 Misconceptions About Divorce In Malaysia
- You cannot get a divorce in Malaysia if you are married for less than 2 years : This is not true. Although it is clearly stated under the law that you must be married for at least 2 years before you can start a divorce proceedings, you can definitely get a divorce in Malaysia if you are married for less than 2 years if you can show to the Court that you are experiencing ‘exceptional hardship or circumstances’. This can be either past, present or future hardship such as physical abuse or domestic violence.
- Half of my assets will go to my wife if I apply for a divorce in Malaysia : This is not true. For all claims in the Court, you need to prove it. The law does not state that your wife/husband is entitled to your assets ‘automatically’. One need to prove that why he/she is entitled to his/her spouse’s assets.
- Must separate for 2 years to start a divorce in Malaysia – Again, this is not true. You need not separate for 2 years if both parties agreed to divorce. However if one party does not agree to divorce, this can be a ground for you to proceed to divorce in Malaysia.
- Whoever that start a divorce action will ‘lose’ easier – This is one of the most common misconceptions about divorce. Again, one still need to prove his/her claim such as alimony or share in an asset in the end of the day. It does not matter who started the divorce action first.
- Oversea marriage cannot get divorce in Malaysia – Untrue. The High Court in Malaysia will still have jurisdiction or power to grant a divorce order if parties are legally married abroad and domiciled in Malaysia.
These are the 5 most common misconceptions about divorce in Malaysia that we have heard on a constant basis. Most importantly, you need to get the right divorce lawyer if you need such a service.
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