Divorce and Family Law in Penang: A Practical Guide

Few matters are more personal or more stressful than the breakdown of a marriage. Understanding how the law works can make a difficult time a little easier. This guide explains the essentials of divorce and family law for non-Muslim marriages in Malaysia, which are governed by the Law Reform (Marriage and Divorce) Act 1976.

Two routes to divorce

A divorce may proceed as a joint petition, where both spouses agree to end the marriage and on the arrangements that follow, or as a single petition, where one spouse applies and the other may contest. A joint petition is usually faster and less costly. In most cases, parties must first attend the Marriage Tribunal before filing, though there are exceptions.

Children come first

In any question of custody, care and control, and access, the welfare of the child is the paramount consideration under Malaysian law. Custody arrangements aim to serve the child's best interests, and parents are encouraged to reach sensible, workable arrangements wherever possible.

Maintenance and financial support

The court may order maintenance for a spouse and, importantly, for the children of the marriage. The amount depends on factors such as needs and the paying party's means.

Dividing matrimonial assets

Assets acquired during the marriage — the family home, savings and other property — may be divided by the court. The court looks at contributions made by each party, whether financial or otherwise, including looking after the home and caring for the family.

How Khaw Ewe Seng & Co. can help

Our firm has long handled divorce, custody and matrimonial matters with both skill and genuine compassion. We give clear, honest advice on your options and work to protect your interests and those of your children, while sparing your family unnecessary conflict wherever we can.

Khaw Ewe Seng & Co. — Advocates & Solicitors. 605 & 607 (1st Floor), Jalan Dato Keramat, 10460 George Town, Penang. Tel: +60 4-226 6212. Established 1976.

Disclaimer: This article is general information about Malaysian law and is not legal advice. Every case turns on its own facts. Please consult a lawyer about your specific situation.