Facing Adultery in Malaysia: Know Your Rights
Facing Adultery in Malaysia: Know Your Rights
Adultery is one of the most cited grounds for divorce in Malaysia for non-Muslims. You are wrong if you are thinking that it is mostly men committing adultery. As a divorce lawyer in Malaysia, it is common to hear the fair share of stories about not only men are committing adultery, but women as well. That said, committing adultery is not a criminal offence in Malaysia but it can be used as a ground for divorce in Malaysia for non-Muslims.
Although it is not a crime in Malaysia, committing adultery may be viewed as morally wrong by the society. In fact, this is one of the most cited grounds for divorce in Malaysia. To prove adultery under the divorce law in Malaysia, it may not be easy. One must prepare evidences to show that there is indeed an act of adultery committed during the course of the marriage either in the form of direct evidences or indirect evidences.
So, what you can claim if you can prove that your spouse has committed an adultery?
Firstly, you can claim for compensation (or damages) from the alleged third party (not your spouse). Take note that this is subject to you proving the act of adultery during the course of the marriage. If this is proved successfully, you may claim substantial amount of compensation (decided by the Court) from the alleged third party.
Secondly, if you can prove that the committed adultery is the main reason for the breakdown of your marriage, you are entitled to claim for more alimony (as a wife). On the other hand, if you are the husband, you may be required to pay lesser alimony (or none) to your spouse if you can prove her infidelity.
Can you get the custody of the children if you can prove that your spouse has committed adultery?
At this juncture, it is important to note that the act of adultery may have no impact when the Court decides on the issue of custody since the act of adultery is seen as a separate issue from the welfare of children involved unless one can prove the welfare of children is severely affected by the act of adultery alone.
Therefore, we believe that based on the act of adultery alone is not a good reason to obtain the custody of children of the marriage since the Court will only focus on the welfare of the children in the event of a custody dispute.
What if you are being sued for adultery in a divorce proceeding (or named as a co-respondent)
If you are being sued for adultery or being named as a co-respondent (being an alleged third party), it is important to clear your innocence in the Court. At this point, it is important to engage a divorce lawyer to first examine the evidences against you and get advice if those evidences will stand in the Court. You may also provide related information to rebut the allegations in the Court in order to defend yourself better.
If you are being sued for a substantial amount of money, it is best to seek advice from a divorce lawyer to decide on what is the best strategy to defend the case in order to dismiss the case or minimize the impact against you financially.
Conclusion
All in all, if you ever intend to sue a third party for committing adultery or defending an allegation of adultery, it is advisable to seek for a divorce lawyer to understand your case better in order to strategize a plan to defend or settle your dispute accordingly taking into account what action is in your best interest under the divorce law in Malaysia.
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