In Malaysia, family law matters are filed and heard in different courts, depending on whether the parties are Muslim or Non-Muslim, due to Article 121(1A) of the Federal Constitution. Simply put, the High Court of Malaya (civil jurisdiction) hears non-Muslim family law matters while the Syariah Courts hear Muslim family law matters.
Our firm handles family law matters, including divorces, adoptions, and applications for probates and letters of administration. We may be able to help you if you have a dispute with your spouse, or with other family members. Here are a few areas where you may require legal assistance.
Where a marriage is concerned, the parties to the marriage (i.e. husband and wife) may seek for divorce if they are facing some conflict their marriage. Conflict may arise from a third party (mother-in-law, adultery), lack of support, abusive behaviour, etc.
ANNULMENT OF MARRIAGE
An alternative to divorces are annulment of marriages, which apply where marriages cannot be consummated, or one of the parties marries under duress, misrepresentation, or other similar circumstances.
Where the court does not dissolve the marriage, but orders that the parties may lead separate lives as though they were not married, and severes many of the legal relationships that the parties have with each other. You may require this service if you are Roman Catholic, as the Roman Catholic faith (apparently) does not allow for divorces.
CUSTODY AND GUARDIANSHIP
Where children are concerned, custody and guardianship is usually an issue, especially if the parties have divorced or separated and they cannot agree to the arrangements for their children. Sometimes also, when the parents are unable to care for the children, a concerned relative may step in to seek custody and guardianship. In some cases, a custody order has been granted, but one parent may seek to amend the terms of the custody order.
INHERITANCE, CONTESTED MATTERS
Where a family member has passed away, inheritance may become a hotly contested issue especially if fraud or undue influence is alleged. Is there a Will? Perhaps there is more than one Will? Was the signature on the Will accepted by the family? Is the signature forged? Is property specified in a Will, that is not supposed to be in the Will?
LETTER OF ADMINISTRATION / GRANT OF PROBATE
The heirs of a deceased person usually seek legal assistance to obtain a Letter of Administration (for circumstances where a party passes away without disclosing a Will) or a Probate Application (for circumstances where there is a Will), to expedite the distribution of the deceased person’s assets. The LA or the Grant of Probate will enable the Administrator or Executor to distribute the assets of the deceased. As the saying goes, “Where there is a Will, there is a way” — the way of the Grant of Probate. When if there is no Will, there is also a way — the way of the Letters of Administration.
RESEALING OF GRANT OF PROBATE
Where a Grant of Probate has been obtained in a foreign jurisdiction by his executor or executrix, but the deceased has immoveable assets in Malaysia, we can help “reseal” the Grant of Probate.
REGISTRATION OF FOREIGN DIVORCE
Where a person has been divorced in a foreign jurisdiction, and has obtained a court order for divorce in a foreign court, there is no need to file for another divorce in Malaysia as the person has already been divorced. What is required is that the foreign court order for divorce should be registered in Malaysia.
Where a couple wish to adopt a child, and the natural parents of the child agree to give up the child for adoption, a law firm may assist the adopting couple to make a formal application in the court. The effect of adoption is that a child is formally recognised as having legal ties with the applicant that adopts him or her.
家庭法在马来西亚判决于不同的法庭, 根据条文法第121 （1A）条的联邦宪法, 穆斯林与非穆斯林申请者是由不同的法庭判决。简单来说，在马来亚高等法院（民事司法管辖权）判断非穆斯林的家庭法而伊斯兰法院审理穆斯林家庭法。
遗嘱管理信 / 遗嘱认证书
财产继承者通常会需要通过事务所的援助获取遗嘱管理信（在死者没有立下遗嘱的情况之下）或是遗嘱认证申请（在有遗嘱的情况之下），以避免财产分配的延迟。遗嘱管理信 与遗嘱认证书授予遗嘱管理员或遗嘱执行人权利分配死者的资产。简单来说， 若你想要管制死者的遗产，在有遗嘱的情况之下， 你需要遗嘱认证书。然而在没有遗嘱的情况之下，你则需要遗嘱管理信。