Divorce and family law
Naidu Chambers | Bangsar, Kuala Lumpur
Naidu Chambers, in Bangsar, Kuala Lumpur, acts for husbands and wives in non-Muslim divorce and family matters under the Law Reform (Marriage and Divorce) Act 1976, including matters involving family businesses, company shares, several properties, investments and assets held overseas. All family matters are handled in strict confidence. The firm does not act in Syariah Court matters.
The firm acts in:
- Divorce by joint petition (mutual consent) and by single petition (contested)
- Division of matrimonial assets, including businesses, shares, property and overseas assets
- Maintenance for a spouse and for children
- Custody, care and control of, and access to, children
- Prenuptial and postnuptial agreements, and settlement agreements
- Variation and enforcement of court orders
Clients outside Kuala Lumpur
The firm's only office is in Bangsar, Kuala Lumpur. It acts for clients across the Klang Valley and in Seremban, Ipoh and Melaka. See Kuala Lumpur, Petaling Jaya and Shah Alam.
Contacting the firm
To make an enquiry, send a short note with your name, the other party or parties involved (so the firm can check for any conflict of interest), a brief description of what has happened, and any dates or deadlines you know of. Please do not send detailed confidential documents until the firm has confirmed it can act. Every enquiry receives a reply.
Send a confidential enquiry Call +60 3-2779 5017Frequently asked questions
How do non-Muslims get divorced in Malaysia?
Under the Law Reform (Marriage and Divorce) Act 1976 there are two main routes. A joint petition can be filed where both spouses agree to divorce and to the terms. A single petition can be filed by one spouse where the marriage has broken down irretrievably, for example because of adultery, unreasonable behaviour, desertion or two years' separation. As a general rule, a divorce petition cannot be filed until two years after the marriage, with limited exceptions. Divorces between Muslims are dealt with by the Syariah Courts under separate laws. Naidu Chambers in Bangsar, Kuala Lumpur acts in non-Muslim divorce matters in Peninsular Malaysia.
How are matrimonial assets divided on divorce in Malaysia?
Under section 76 of the Law Reform (Marriage and Divorce) Act 1976, the court can divide assets acquired during the marriage. For assets acquired by the joint efforts of both spouses, the court leans towards equal division. For assets acquired by one spouse's sole effort, the court considers the other spouse's contributions, including looking after the home and family, and the acquiring spouse usually receives the greater share. The court also considers debts, the needs of the children and the other factors set out in the Act.
How are businesses, company shares and overseas property treated in a divorce?
They can be matrimonial assets if acquired, or substantially improved, during the marriage. Each spouse must disclose their assets to the court. Where a business or shares are involved, the court may need evidence of value, often from valuers or accountants, and may order a transfer, a sale or a payment of money rather than dividing the business itself.
How is child custody decided in Malaysia?
Under section 88 of the Law Reform (Marriage and Divorce) Act 1976, the welfare of the child is the paramount consideration. The court considers the wishes of the parents, the wishes of the child where the child is old enough to express an independent view, and the child's stability, care and education. The court may give custody to one parent or joint custody to both, with care and control and access arrangements set out in the order.
Do I have to attend counselling or mediation before a contested divorce?
In many cases, yes. Before one spouse files a single petition, the Law Reform (Marriage and Divorce) Act 1976 generally requires an attempt at reconciliation through a marriage tribunal, although there are exceptions. Mediation can also help settle arrangements for assets and children. A lawyer will confirm what applies in your case.
Is a prenuptial agreement binding in Malaysia?
There is no specific statute making prenuptial agreements binding for non-Muslims, but the court may take an agreement between spouses into account when deciding how to divide matrimonial assets. A carefully drafted agreement, signed with independent advice, is more likely to carry weight.