1. Where ‘domicile’ grants jurisdiction for parties to file for divorce, ‘reside’ grants jurisdiction for parties to file for judicial separation. It forms the basis of the petition being filed in the family court, and the source of the courts’ power to grant orders.2. The understanding of these phrases becomes particularly important given how borderless…
The Malaysian Courts have recently been confronted with a novel and complex issue at the intersection of law, ethics, and reproductive technology. What happens when science outpaces the law—and a marriage ends while parenthood remains frozen in time? In RAH v. RAL [2025] 4 CLJ 132, the High Court of Malaya was asked to decide…
Divorce is never easy, especially when only one party wants it. In a single-sided divorce, also called contested divorce, the issues of financial support often become complicated. If you’re going through this, understanding your rights is crucial. Maintenance Claims: What You’re Entitled To As part of the divorce, one spouse may be required to pay…
https://www.malaymail.com/news/malaysia/2021/11/11/ministry-to-help-women-seeking-divorce-under-native-courts-says-sarawak-min/2020049 Divorce can be a daunting experience, especially when there are complexities of the legal system. For those residing in Sarawak, it is important to know that there are options available for seeking divorce under Native Courts. Let’s consider a scenario for someone seeking divorce in Native Court; A couple, both of whom belong to…
A. Introduction The Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) governs civil marriages and divorces for non-Muslims in Malaysia. Central to its jurisdictional framework are sections 48 and 49, which determine when Malaysian courts can hear petitions for divorce and judicial separation. These provisions ensure that only cases with a sufficient connection to…
What is a Single Status Certificate? A Single Status Certificate, or a Certificate of No Impediment to Marriage, is an official document issued by relevant authorities to confirm that an individual is not currently married or legally prohibited from marrying. The certificate is commonly required when individuals intend to marry someone from another country and…
In the past, women were often confined to household responsibilities, with their contributions limited to managing the home and caring for the family. However, this traditional division of roles has evolved considerably. Today, women are active participants in the workforce, contributing financially and professionally at levels equal to their spouses. Given these societal shifts, the…
BACKGROUND FACTS 1. On 18 April 2024, several major news portals reported on a recent divorce case decided by High Court Judge Evrol Mariette Peters. Among others, FMT reported the case with a headline of ‘Agreement for husband to have mistress during marriage valid, court rules’. 2. This is the High Court case of HLC…
In Malaysia, the division of assets acquired during a marriage (matrimonial assets) for non-Muslims is governed by the Law Reform (Marriage and Divorce) Act 1976 (“LRA”). Section 76 of the LRA empowers the court to distribute these assets fairly upon granting a divorce or judicial separation. Definition of Matrimonial Assets Matrimonial assets include all immovable…
Majlis pernikahan yang dilakukan di dalam dan luar negara tanpa kebenaran Mahkamah Syariah sudah menjadi amalan dan budaya masyarakat Malaysia tanpa mengetahui impak serta kesan yang akan berlaku sekiranya pernikahan tersebut tidak didaftarkan di Malaysia. 1. Apakah yang dimaksudkan dengan “bernikah tanpa kebenaran”? Bernikah tanpa kebenaran merupakan pernikahan yang dilakukan tanpa memenuhi garis panduan yang…
