Cheating Husband or Wife in Malaysia: What Can You Do?

Cheating Husband or Wife in Malaysia: What Can You Do?

Have you discovered that your spouse is cheating on you or you suspect that your spouse is being unfaithful in the marriage and not sure what to do? You are not alone in this.

Before we proceed further, it is important to ask yourself this following question. Assuming if the extra-marital affair is true, do you intend to get a divorce?

This may not be an easy question to answer but essentially you will have to make a choice to either forgive or move on from the marriage.

If you think that your marriage deserves a second chance, it is advisable to speak to a family counsellor to try and fix the marital problems.

On the other hand, if you have decided to move on and get a divorce, there are essentially 2 options for you to consider.

First Option: Seek for Divorce Settlement

This is the most straightforward and ‘painless’ way to get a divorce. In short, this is about parties coming together and discuss on the divorce terms to ensure that both parties can move on and ‘quit’ the marriage. The essential divorce terms that have to be agreed upon are mainly on maintenance of spouse, custody of children (if any), maintenance of children (if any) and division of matrimonial assets.

All terms have to be agreed upon and this can be done through a divorce lawyer. You may want to speak to a qualified divorce lawyer in the event if you have sufficient proofs of the extra-marital affair or adultery in order to be informed on what are your rights and entitlement under the law.

Seeking for a divorce settlement would be the most cost-effective option assuming if the divorce terms are agreed and there is no dispute whatsoever.

Second Option: Sue for Adultery & Claim Compensation from Third Party (and get a Divorce)

This will be a relatively more complicated process. To pursue this, you need to make sure that there are substantial proofs of adultery.

What is adultery under the eye of law?

In general, there must be direct (or indirect) evidences to prove or suggest that there is sexual intercourse between your spouse and the alleged third party. In this case, any form of evidences can be submitted to the Court for consideration such as photos, videos, messages or even witnesses. That said, it is best to engage a licenced private investigator to gather more evidences in order to strengthen your case further.

Assuming if you can prove your case of adultery, the Court may then order the third party to compensate you accordingly. The amount of compensation can be substantial and ultimately the Court will decide based on other relevant factors and has full discretion on this.

Do note that this legal process may be lengthy and also relatively more expensive because it will involve trials and hearings in the Court.

What Else You Need to Consider?

In short, you just need ask yourself again if divorce is the only option. If yes, then you may want to consider if you wish to initiate a claim against the third party in which you will need to prove to the Court that there is a clear-cut case of adultery. Otherwise, if you do not have any solid evidences and only wish to get a divorce as soon as possible to move on to the next chapter of your life, seeking for a divorce settlement is the best option.

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