Divorce

There are two types of divorce petitions: joint petition and single petition.

A joint petition is where parties mutually agree to dissolve the marriage after at least two years of marriage. In a joint petition, parties shall state their agreement on:

• Custody and access of children (if any);
• Amount of maintenance to be paid (spousal and/or child);
• Division of Assets.

A single petition can be filed unilaterally by a party after at least two years of marriage and after a certificate is obtained from the marriage tribunal of the National Registration Department.

The usual issues in dispute in a single petition are:

• Custody and access of children (if any);
• Amount of maintenance to be paid (Spousal and/or child);
• Division of Assets.

For both joint and single petitions, a decree nisi will first be granted by the court and the decree nisi will be made absolute usually after 3 months, unless there are exceptional circumstances.

Our Services

Our services and support include, but is not limited to the following areas:

• Advising individuals on the steps to be taken prior to divorce
• Advising individuals on their rights as to custody of children, division of assets and rights in relation to maintenance payments
• Legal representation in courts for individuals seeking to obtain a divorce (joint and single petition)
• Legal representation in courts for individuals seeking to obtain custody of children (before or after divorce)
• Legal representation in courts for individuals seeking to vary maintenance orders
• Legal representation in courts for individuals seeking to enforce maintenance and custodial orders

Related Services

• Annulment
• Custody
• Judicial Separation
• Injunctions

Reviews & Testimonials

• “The team at MahWengKwai & Associates, Eric and Rachel, were extremely helpful and fast. We had an issue that needed to be resolved in Malaysia but we didn’t know anyone in Malaysia. We wrote to 10 different law firms from a Google search and MahWengKwai & Associates were the first to reply, and gave us the most confidence based on their replies. They even went above and beyond in one occasion where they were concerned for the safety of my wife, and made sure she felt safe and protected. Their professional service catered to our case, they always responded to questions quickly, and we were never made to feel like a small or unimportant client. I give my highest recommendation to this wonderful team of professionals!” – James and Hana, Bali, Indonesia
• “I am writing to express my sincere thanks and appreciation to Eric Toh and Rachel Ng of MWKA for their professional help and support with my case and getting it to a quick resolution. Their efforts made it possible for me to get back on my feet and get on with my life. Here’s wishing Eric and Rachel all the success you deserve and will surely not hesitate to recommend MWKA to anyone who is looking for an attorney.” – Goh, Petaling Jaya, Selangor
• “From the outset, I felt like I was in good hands. Eric Toh and Chew Jin Heng gave professional and thorough advice regarding my contested family matter. Work was completed to a high level expectation and I was provided with direct and realistic expectations of both cost and results throughout the entire process. It helped me through a very difficult time. If I were to summarise my experience with MWKA, it would be: “Professional. Efficient. Personable.” Thank you Eric and Chew for your help! Highly recommended.” – Anonymous, Kuala Lumpur
• “A big thank you to Eric Toh and Karmen Fung. They were both understanding, professional and worked diligently until the end to ensure everything went on smoothly. I’m so grateful! Highly recommended!” – Ms Suba, Kuala Lumpur, Malaysia

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