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DIVORCE
In Malaysia, marriage is of one man to one woman only except for Muslims who are governed by Syariah Law. The dissolution of a marriage is possible only by process of law by a decree of a High Court Judge. Consensual dissolution is not permitted although the parties may agree to live apart. This is called separation.
Should both parties wish to have their marriage dissolved, they are permitted to apply jointly to a High Court for the necessary divorce. The term upon which their marriage is dissolved must be spelt out so that their children needs are duly provided for and their property divided to their mutual satisfaction.
The decree is granted by the High Court Judge in Open Court. However, it is in 2 parts: the initial order is called ‘decree nisi’ and the order will state the period in which any member of the public may lay any information of any wrong doing by one or both parties in their application to the Court. Such information must be made to the Public Prosecutor who may then intervene to set aside the decree. In the absence of such intervention after the stipulated period has lapsed, the decree is made ‘absolute’ and only then are the parties free to marry again.
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Why hassle with the research of the rules and regulations, engage us to conduct on the necessary research just for you.
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