“I am divorcing my husband. Can I get his share of matrimonial property?”

“I am divorcing my husband. Can I get his share of matrimonial property?” Fighting For Matrimonial Home In Husband’s Name During Divorce Proceedings In divorce proceedings, competent and experienced lawyers are able to assist women to fight for a share of matrimonial assets acquired during marriage. Even if the property has been registered in the name of the husband, this does not mean that a divorced wife could not have a share in the said property. The court has power to order division of matrimonial assets under section 76(3) of the Law Reform (Marriage and Divorce) Act 1976 in respect of assets acquired during the marriage by the sole effort of one party or proceeds from the sale of such assets. Further, section 76(1) of the Law Reform (Marriage and Divorce) Act 1976, inter alia, gives power of the court to order division of any assets acquired during the marriage by their joint effort, or the proceeds from the sale of such assets. So women, it is not the end of the road for you to have a share of the properties acquired during the marriage even though they could be registered in the name of your husband alone. What Is Taken Into Consideration? For division of property, the court is empowered under […] read more

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