In a recent custody dispute, the court emphasized the importance of child welfare, reaffirming the maternal custody presumption for young children unless strong evidence suggests otherwise. In high-conflict situations, the court favored sole custody over joint arrangements to minimize stress on the children. This case underscores that Malaysian parents should provide credible evidence for their claims and focus on practical, child-centered solutions.

Many people have this false conception that all assets of the husband including EPF, shares and monies will be divided equally when there is a divorce.
What is the law that governs division of matrimonial assets in Malaysia?

A husband filed for divorce due to living apart from his wife for two years, while the wife attributed the breakdown to adultery, involving the alleged adulteress without seeking damages. This raises questions about the necessity of addressing adultery in divorce when no compensation is sought, as Section 54 of the Law Reform (Marriage and Divorce) Act 1976 emphasizes irretrievable breakdown without fault.

Divorce can be petitioned on the ground marriage has irretrievably broken down. In deciding whether there is breakdown, the court will consider issues such as adultery, behaviour of the parties, desertion and living apart for more than 2 years.

Adultery is a legal ground for divorce. However, complication arises in proving adultery. This legal update covers proof and effect when adultery is proven as well as maintenance of wife and children.

A had mistress and a wife; both of whom had given birth to a child each. A died without a will. Can the child of the mistress be entitled to succeed and inherit A’s property under the Distribution Act 1958?