Separation Or Divorce In Malaysia

Separation Or Divorce In Malaysia

Marriage is often viewed as a joyous union between a couple; a door to new beginnings, a new chapter in life. Couples may have discussed their life plans and goals prior to being wed. Even so, there could still be trouble in paradise. Conflicts may generally strengthen bonds and help people understand each other better upon resolving said issues. Married couples are generally able to overcome minor disagreements and still maintain a satisfactory relationship in the long run, but what happens in the event that issues within the marriage fester and are left unable to be resolved? For instance, differences in parenting methods, moral views, financial issues, infidelity, incompatibility and so on. Is divorce the only option when it feels like everything is spiraling out of control?  

Fortunately, there is another option! One may consider separation first when divorce feels like a drastic choice to make at the present point of time. It can be viewed as a buffer period as it gives couples a chance to reconsider if they truly wish to finalize the process of divorce or attempt reconciliation. It is also an option when couples are unable to divorce one another due to religious reasons.  

When legally separated, couples are allowed to live apart and continue with their individual lives. It is beneficial when the marriage starts to feel strained to both parties and require time apart to cool off. At times, the union may be salvaged through such actions as the couple may now process their thoughts and feelings without constant tension. They may also recall the reasons why they decided to be married, regain their composure towards one another. This process avoids actions done in the heat of the moment which may cause the respective party to regret their decisions. 

While separated, couples can still reap the benefits of legal marriage can still enjoy shared health insurance, are considered next of kin for properties should misfortune befall and so forth. Court mandated alimony will have to be paid or the respective party will suffer repercussions. If there are children present, both parents will normally be held legally accountable for their welfare. In the event both parents are unable to agree on custody of the child, visitation agreement and so on, the court will decide on it. Although the court will often try to have the child maintain continuous contact with both parents, there are times where conditions may change (eg. a parent is abusive or financially unable to provide for the child sufficiently.) While separation may be psychologically averse to children, its effects are not as detrimental as divorce. Children are sensitive to conflicts, especially between their parents, and it is best to resolve it with minimal impact on the child.  

However, as legal separation still considers the respective parties as married, they may not commit to a new marriage without finalizing divorce for the current one first. It is highly recommended to be legally separated first as divorce is an irreversible process! Separation also helps prepare both parties for divorce in terms of sorting out financial and legal matters such as assets and child custody. The more efficiently planned out the procedure, the smoother the process will be for all parties involved when the time comes to finalize a divorce, avoiding extra hassle.

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