BRIEF DESCRIPTION:

This is an advanced textbook which is intended to guide lawyers on the law and best practices pertaining to family law in Malaysia, including divorce, division of matrimonial assets, and more besides. 

CONTENTS OUTLINE

1. An Overview of Family Law in Malaysia
2. Role of Family Courts in Malaysia
3. Dissolution of Marriage: Jurisdiction and Forum
4. Ancillary Relief: Orders That Can Be Made
5. Ancillary Relief: The Law
6. Ancillary Relief: Rules and Procedure
7. Marital Agreements: Pre-Nuptial and Post-Nuptial Agreements
8. Variation of Maintenance
9. Trusts and Divorce
10. Law Relating to Children
11. Practice and Procedure in Relation to Custody of Children in Divorce Proceedings
12. Domestic Violence
13. Injunctive Relief in Matrimonial Proceedings
14. Costs
15. Mediation in Matrimonial Disputes
16. Conflict of Laws in Family Issues
17. Overview of Matrimonial Proceedings in Other Jurisdictions
18. An Overview of Syariah Law in Family Matters
19. Overview of Alternative Dispute Resolution in the Syariah Courts
20. Collaborative Law

This newly revised edition reflects the substantial developments in family law over the past six years, providing legal practitioners and advisors with a thorough, practical, and insightful guide that addresses today’s increasingly complex legal landscape.

Co-authors:

It offers a detailed exploration of recent Malaysian court decisions that are shaping the direction of family law, including key topics such as jurisdictional boundaries, children's rights, citizenship, inheritance rights of illegitimate children, and religious conversion disputes. The publication also delves into how evolving family structures, shifting societal norms, and technological advancements are influencing legal frameworks—from spousal support and division of assets to custody matters and the admissibility of digital evidence in legal proceedings.

Emerging issues are also addressed, such as the legal implications of reproductive technologies, surrogacy, and the growing challenges related to digital communication.

Providing the most current legal updates and case reviews, this edition ensures readers are kept well-informed. Authored by experienced legal professionals, the book is further enriched by the contributions of two highly respected judges, whose expertise in family law lends significant authority and depth to the work.

In line with international legal standards, a new chapter on “Collaborative Law” has been added. This progressive approach emphasises conflict resolution with minimal confrontation, focusing on the best interests of all parties—particularly children—thereby increasing the practical value and relevance of the publication.

Dato' Andy Low

Managing Partner

LL.B (Hons) Malaya

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Tay Kit Hoo

Senior Associate

LL.B (Hons) Bristol, Middle Temple

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KEY FEATURES:

  • Offers comprehensive and practical guidance for family law practitioners.
  • Substantially improved with deeper analyses and discussion.
  • Fully updated with key landmark cases and the latest legislative developments from both domestic and international jurisdictions.
  • Balances legal theory with real-world application for practitioners at all levels.
  • Features practical insights from a team of experienced family law experts.
  • Illuminates the difficult areas of family law practice, such as ancillary reliefs, impact of technological advancements, child custody, welfare, and its related legal issues.
  • Includes one new chapter discussing Collaborative Law.

You can get the book from Sweet & Maxwell Malaysia