Top 5 Questions That You Must Ask Your Divorce Lawyers If You Want To Get A Divorce In Malaysia
Truth is, not all marriages will last forever. That said, it is best to end a bad marriage than continue to suffer from emotional and physical abuse from the marriage.
Moreover it is best to think on what is the best for the children (if there is any children) if you are contemplating to get a divorce. In short, you need to weigh between the pros and cons of getting a divorce and ask yourself if you will be left happier if you opt to get a divorce.
In case you have already made up your mind to get a divorce, here are top 5 questions that you must ask your divorce lawyers if you want to get a divorce in Malaysia before you appoint your divorce lawyer.
1. What is your rights under the divorce law in Malaysia?
The law of divorce in Malaysia is primarily governed by the Law Reform (Marriage and Divorce Act) 1976 that spells out the rights and duties of parties under the law. In short, you need to ask your divorce lawyer what is your rights under the law essentially under the law of custody of children (if any), maintenance or alimony of spouse, maintenance of children (if any) and division of matrimonial properties.
2. How long is the divorce process in Malaysia?
Briefly, if parties can agree to all terms and conditions of the divorce, you can expect the divorce process to be completed between 3 to 6 months in Malaysia. This is usually known as joint petition or mutual divorce.
On the other hand, if there is no consent from either party to get a divorce or if there is no agreement on any of the terms, you can still get a divorce by way of filing a single petition.
The single petition divorce process may take around 6 to 12 months depending on the complexity of the case. Also, your divorce lawyer may advise you to start counselling process with the conciliatory body (commonly with the Jabatan Pendaftaran Negara (JPN)) as required under the law before you start the divorce process.
3. Is it compulsory to attend the court hearing for divorce in Malaysia?
The short answer is yes. Parties are required to attend the court hearing for divorce in Malaysia. Having said that, you may apply to the court for an exemption from the court hearing with a valid reason and the court may assess the same and decide if either party can be exempted. The court shall have full discretion on this matter.
4. What is the legal fee for divorce in Malaysia?
You need to always check with your divorce lawyer on the legal fee for divorce (be it mutual divorce or non-mutual divorce) so that you can expect the final cost and make necessary financial arrangement.
You also need to bear in mind that there is no hidden cost (such as disbursements and other miscellaneous costs) to avoid any surprise when you receive the bill from your divorce lawyer. So take note to clarify this with your lawyer before you engage one.
5. What is the process involved in getting a divorce in Malaysia?
Getting a divorce is not just about signing your divorce papers. Though it may be true that it is relatively simpler for a joint petition or mutual divorce, it is best to ask your divorce lawyers on the divorce process so you can know what to expect in every stage.
Plus, your divorce lawyer should keep you updated from time to time on the divorce process.
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