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Non-Muslim Divorce
In Malaysia, the current law governing divorce for non-muslims is the Law Reform (Marriage and Divorce) Act 1976. Of late, there are some controversies regarding the divorce procedures for a non-muslim couple whereby one of the partners have converted to Islam as his or her religion of choice. The recent Federal Court judgment in Subashini’s case remains some sort of headache for such a couple as it created some form of lacuna by saying that the civil and syariah courts are of equal standing and both can issue directions or orders notwithstanding the civil court remaining the correct forum for the dissolution of the civil marriage.
For other non-muslim couples without such a headache, the provisions in Section 8 and Section 4(3) of the Law Reform (Marriage and Divorce) Act 1976 states the instances where a marriage can be dissolved. The former applies to marriages solemnized from 1st of March, 1982 whilst the latter applies to marriages solemnized prior to that date.
Section 8 provides that such marriages may be dissolved on the death of one of the parties, or by order of a court of competent jurisdiction (i.e. a decree of divorce), or by a decree made by a court of competent jurisdiction that the marriage is null and void (i.e. a decree of nullity).
Section 4(3) provides that every such marriage existing prior to that date, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until it is dissolved by the death of one of the parties, or by order of a court of competent jurisdiction (i.e. a decree of divorce) or by a decree of nullity made by a court of competent jurisdiction. In other words, unless the marriage is not valid, it shall continue to subsist until it is dissolved in either of the three scenarios given.
Family law is complex and in Malaysia alone, there are separate laws governing the citizens depending on whether they are Muslims or not. In other countries such as the United States, family laws and even laws providing for the dissolution of a marriage are unique and may be different from the ones in force in Malaysia. To make matters more complicated, even such laws differ from state to state. So, family law applicable in say Dallas, Texas may be different from the ones in Los Angeles, California and it is best to consult an appropriate dallas family lawyer for the right advise. There are many dallas divorce lawyer around and it is good to look around for the one which can offer you the best advise. In most cases, divorce cases affect the parties emotionally and it takes quite a bit of skill to be a good divorce lawyer to offer the right advise. Search around for a divorce lawyer in dallas and compare their resumes. Word of mouth recommendation would be best. You definitely don’t want your lawyer to end up getting you half the car only 
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22 Responses to “Non-Muslim Divorce”
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can a non muslim who married at the regsitrar, married again for the second time without divorcing the first wife?
i heard he will be putting in jail for 3 years once found. is that correct?
sinco : Yes, a non-Muslim must remain in a monogamous marriage. Section 494 of the Penal Code provides for punishment by imprisonment up to 7 years and fine.
I’m a foreigner (indonesian) non-muslim , now married with malaysian non-muslim, is it hard for me to get divorced? Do i get anything from my marriage to support myself if im divorced from my husband? I have 1 2yo child, can she be with me? as a foreigner, do I get any support or coverages if I get abused from husband? if let’s say the custody falls to my husband, as a mother .. can I stay n work in Malaysia (coz I need to be close to my child)?
I have a best friend a Singh got married with an Indian girl according to Sikhism ritual and ceremony. The girl was born in Spore from an Indian Muslim family but never carried the muslim name her name is always A/P(anak perempuam) and claimed she is hindu during the married registration. Lately she got citizenship Msian and got her MYCard and stated Islam on it. They got 1 child now 7yrs old with region Sikh stated in the birth cert. Today the husband going to dvorce her due incompatible and they are going different path. Can this Singh file a dvorce base ground that she is now converted to muslim? What are the rights the girl posibiliy claim from him? Will the child goes to him or her?
so if the non muslim man divorced his first wife a foreigner , then what will the wife get in return? half of his assets, anything she wants, the children? how about mutuall divorce?
we married in putrajaya, malaysia in 2005, i foundout my wife commit adultery.. we agree to divorce.. so can i do the procedure through malaysian embassy in china??
I’m a non-Muslim married to a an expat (also non-Muslim) living in Malaysia .
We’ve been married for four years with no children.
If we get divorced, I would not get anything in terms of any settlements, right? Just because we don’t have children?
So is there any law that can protect people like in my case?
Kay : It does not matter if there is a child in the marriage. If your spouse was earning a living and you were dependant on living expenses, rightfully you should be entitled to maintenance.
Kay : Not necessarily. If you have been reliant on your husband for living expenses during the course of your marriage, you may ask for maintenance.
just a question, i am indian have 3 kids..if i divoce with my wife did i have to pay monthly to my wife of course i will bare all the cost for my kid futher
i am a Malaysian Indian and my wife is Malaysian Indian as well.We are married for the past 8 yrs and my wife could not provide a child for me.Currently i plan to divorce her.What is the procudere to get divorce.
Saravanan : It depends. If she requests and you refuse, the Court will decide whether you should.
Suresh : See a lawyer. He / She will help you to draw up the divorce petition.
hi,
i am Chinese married for 12 years with 3 kids and would like to apply for a divorce from my husband. I also intend to Convert to Islam.
Pls advise the following , Can i get custody of my kids?
Hi, my brother is married for 8 months and seems that the marriage didnt work out. The wife keep on threatening my brother with vulgar phone calls and humiliate our family members. My brother ready for the divorce but she is not agreeing as she says thats her revenge. I am scared that my brother might commit suicide at one point due to all the nuisances he is facing. Pls advise
How does a non-muslim Malaysian couple get divorced without going through a lawyer (due to financial reasons)?
Harmeet : Check with the Legal Aid Centre run by the Bar Committee of the respective states. They have a means test to check whether you will be eligible for free legal representation.
Anni : Firstly, lodge a police report if your brother feels he is being harassed. Then, see a lawyer to explore options which may be available to your brother.
merah : That depends on the merits of your application to Court.
i am indian and separate from my wife for 5 years…and i have 12 years daughter with her.Recently she having a fair with a another man and birth a new born baby with her boy friend…Do i have the the right to take my daughter custody and did she have the right with the aset which i bought under both name.
Hi, im lost here
i have been separated fm my husband filing for divorce now for almost 2 yrs. Just wondering if there is any timeframe as to the divorce is legally official if i don’ turn up in court? I want to drag as long as i want as he is pushing for it so that he can remarry his lover.
My brother-in-law married a Kadazan lady, residing in Tawau, Sabah. After 9 months of marriage, my brother-in-law wants to seek divorce, as both of them always argue even on small matters. At first, his wife agreed to divorce with the condition, given a car and cash RM1k per month, which my brother-in-law agreed. But later, his wife changed his mind, she wants half of his properties. May I know what are the divorce procedure. We still need to engage a lawyer?
Please advice.
Jennifer : They can only seek a divorce after 2 years of marriage.