Divorce And Matrimonial Proceedings Malaysia

In these modern days, divorce rate is increasing rapidly in Malaysia and it has become a social trend infusing Malaysians,but, this phenomenon is commonly rising among young couples. It is believed that many people are not aware of issues in divorce which may involve and include mediation and litigation between the married couples. Hence, prior to file a divorce proceeding, you must equip yourselves with the knowledge of divorce and matrimonial proceedings. In Malaysia, the Law Reform (Marriage and Divorce) Act 1976 (Act 1976) regulates the non- Muslim marriages. And the Act 1976 is to be read in conjunction with the Divorce and Matrimonial Proceedings Rules 1980. There are commonly 2 types of divorce: Divorce with mutual consent Divorce without mutual consent However, there are cases where unilateral peitition for divorce being filed. That is a petition filed by one spouse only. Here the court may dispense the presence of one of the other party, for example, if there is evidence that the party concerned has migrated and even been served with the divorce petition and other related documents, consents to divorce. The party unable to attend can file an affidavit giving reasons acceptable to the court why he or she could not attend court and consents to the […] read more

Arrested by Police? Tell them you have these Rights!

It’s a New Year and where everyone is celebrating and welcoming the year of 2012, out of nowhere, some police personnels approach you and say to you, “You’re arrested!” Or maybe you’re driving on the road, and some police officer stopped you and arrest you. Before long, you’re handcuffed, and brought to a police station. You’re stunned, caught in surprise and worry that what may happen to you in the next 24 hours or the years to come. You start asking yourself what you have done wrong or why the police arrested you. You start thinking whether your closest relative or friends know your whereabouts and if they’re waiting you for dinner or party, they might start worrying about you and your whereabouts. This incident of being arrested by police happens every day, not only on New Year occasion or on any special occasion.  It can happen at any time, anywhere, without first being warned. As under Section 23 of Criminal Procedure Code (CPC) Malaysia, a police can arrest a person without warrant when there is a reasonable complaint, credible information or there exists reasonable suspicion that a seizable offence has been committed. … clarify their identities as police officer… […] read more

The Hidden Costs of Property Investment

You may have thought that property investment is a lucrative and ideal investment to venture today. Not only it can secure your financial freedom in the future, it also provides you passive income. For example, by purchasing a property now at a price of RM450,000-00, you may be able to sell it in the near future at a price of RM550,000-00. This is an outright RM100,000-00 profit from your RM450,000-00 investment. Now, think again! You’re not actually making a RM100,000-00 profit at all. When you purchase a property, you have to pay the costs of acquiring a property. The same applies when you sell your property. As a prudent investor, you have to calculate the legal costs on top of costs of hiring property agents and so in your acquisition or disposition of property. Let us briefly explain the costs that may involved in the property transaction from a lawyer’s point of view. Legal Fees Legal fees are fees payable to lawyer for taking instruction, drafting of agreements and documents and attendances thereof. These fees may include preparation of Sale and Purchase Agreement, Memorandum of Transfer, filing CHKT forms and various other documents and handling correspondences. These fees  are governed by the legal […] read more

13 General Crimes That You Should Know

#01 Assault and Battery An assault is a crime that involves doing an act against another person with the intent to cause fear of immediate bodily harm or death. The bodily harm can include physical pain, illness, injury or any physical impairment caused by the harm. The word battery may refer to the actual impact of the unlawful act upon another person. There may be degrees of severity in the charges based upon the egregiousness of the alleged act. A threat of bodily harm and harm to property can also give to serious consequences to the offender. #02 Crimes against administration of justice Crimes against administration of justice can include escaping from the custody or charge for the conviction of a crime, fleeing a police officer in a motor vehicle, tampering with a witness, obstructing legal process or arrest. An offender once convicted can find himself in jail. #02 Disorderly conduct A disorderly conduct charge involves accusations that a person in a public or private place knowing or having reasonable grounds to know that it will alarm anger or disturb others, provokes an assault or breach of the peace. This could include brawling or engaging in fighting, unlawfully disturbing an […] read more

Stopped by police when driving? Fear not!

Driving – Police stopped to arrest you? When driving a police officer cannot simply pull you over and arrest you. He or she must have probable cause to pull you over. There must be good reason to suspect you that you are driving while intoxicated or breaking other laws, such as speeding, driving without switching your lights at night or were driving in a dangerous manner. You may wish to consult an experienced lawyer to investigate the facts and to determine whether or not the officer had done the right thing or had a probable cause to pull you over and arrest you. In Malaysia, under the Criminal Procedure Code, it must be based on credible information, reasonable suspicion or that a reasonable complaint had been lodged against you. Mind you, police have no absolute power and you can also sue the police for wrongful arrest, assault and prosecution. Caught for Drunk Driving? The outcome of a drunk driving case depends upon the prosecutor’s ability to prove you were driving under the influence of alcohol exceeding a certain legal limit. The proof must be beyond a reasonable doubt. The state may adduce testimony from the patrol or police officer regarding […] read more

How Do I Know Who is the best defense Lawyer for Me?

You may ask yourself, “How Do I Know Who is the best defense Lawyer for Me?” The only way to find out who is the best defense lawyer for you is to talk to them. Ask good questions. Find out how they have handled cases like yours. What is their record of success? Are they familiar with the charges? Do they know the court where your case is assigned? Who the prosecutor and who the judge is? Do they listen to you and seem genuinely interested in helping you? Appearing in criminal court is stressful enough, you need to feel comfortable that your lawyer knows what he or she is doing, as well as can help you understand what’s happening to reduce your stress level about the proceedings. We want you to hire a good lawyer and not to simply hire any lawyer just for the sake of defending you. We know the criminal lawyers who are specializing in certain criminal cases and you should see them. We can give you many options because we just don’t want to see you go to jail. Your freedom is more important to us. This is the reason why we want to tell […] read more