The Malaysian Law Reform Act (Marriage and Divorce) 1976 is a crucial legislation governing divorce matters in Malaysia. The act provides a framework for the dissolution of marriages and the protection of the rights of both parties, including the children involved in the divorce.
One of the most significant changes introduced by the act is introducing the concept of "irretrievable breakdown of marriage" as grounds for divorce. This means that if the marriage has broken down irretrievably, either party can seek a divorce. Previously, a party had to prove one of several grounds, such as adultery or cruelty, to obtain a divorce.
The act also provides for the division of matrimonial property, which includes any property acquired during the marriage. The court has the power to make orders for the division of property based on the contributions of each party and other relevant factors.
Another necessary provision of the act is the protection of the rights of children involved in a divorce. The court must consider the welfare of any children when making decisions about custody, care, and control of the children.
Overall, the Malaysian Law Reform Act (Marriage and Divorce) 1976 has played an essential role in modernising and updating the laws governing divorce in Malaysia. The act recognises the changing nature of marriage and provides a framework that balances the rights and interests of both parties, including the children involved.