Lawyers at PGC understand the sensitivity of family legal matters, and that these situations can be stressful and emotional. Whether you are filing for divorceon ground of conversion to Islam, divorce by mutual consent, divorce on the ground that the marriage has irretrievably broken down due to adultery, unreasonable behavior of the respondent, desertation or live apart for a continuous period of at least two years, our lawyers and staff will lead you through the legal process with honesty and compassion. Our goal is to do what we can to relieve the strain family legal matters may put upon your family.

When a marriage has broken down, spouses may consider judicial separation as an alternative to divorce. Judicial separation is a legal decree that allows the husband and wife to live apart indefinitely without fulfilling their marital obligations. This option might be preferred over divorce for various personal reasons, including the welfare of children, conflicting religious beliefs, or societal perceptions. Judicial separation can provide a viable solution for couples seeking to live separately while addressing their unique circumstances.

Any husband or wife may petition the court for a decree of nullity regarding their marriage. A marriage that takes place after the appointed date shall be considered void if, at the time of the marriage, either party was already lawfully married and the former spouse was living with the previous marriage still in force; a male under eighteen years of age or a female between sixteen and eighteen years of age marries without a special licence granted by the Chief Minister under Section 10; the parties are within the prohibited degrees of relationship unless a special licence is granted by the Chief Minister under subsection (6) of Section 11; or the parties are not respectively male and female.

A marriage that takes place after the appointed date shall be voidable on the following grounds only: that the marriage has not been consummated owing to the incapacity of either party to consummate it; that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind, or otherwise; that at the time of the marriage either party, though capable of giving valid consent, was (whether continuously or intermittently) a mentally disordered person within the meaning of the Mental Disorders Ordinance 1952 of such a kind or to such an extent as to be unfit for marriage; that at the time of the marriage the respondent was suffering from venereal disease in a communicable form; or that at the time of the marriage the respondent was pregnant by someone other than the petitioner.

Child Custody: The court may place a child in the custody of either parent or, in exceptional circumstances, with another relative, a child welfare association, or another suitable person. The primary consideration is the welfare of the child, but the court will also consider the wishes of the parents and the child, if the child is old enough to express an opinion. There is a presumption that children under seven years old should be with their mother, but the court will consider if changing custody would be disruptive. For families with multiple children, the court will consider the welfare of each child individually and may place them in different custodial arrangements.

Parents have a duty to maintain or contribute to the maintenance of their children, regardless of custody arrangements. This includes providing accommodation, clothing, food, and education, or paying for these needs in line with their means and lifestyle. The court may order a man to pay maintenance for his child if he has refused or neglected to provide for the child, deserted his wife while she has custody of the child, during matrimonial proceedings, or when placing the child in the custody of another person. Similarly, the court can order a woman to contribute to the child's maintenance if it is reasonable based on her means. Payments may be directed to the person with custody or trustees for the child.

The court may order a man to pay maintenance to his wife or former wife during the course of any matrimonial proceedings, when granting or subsequent to the grant of a decree of divorce or judicial separation, or if, after a decree declaring her presumed to be dead, she is found to be alive. The court shall have the corresponding power to order a woman to pay maintenance to her husband or former husband where he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health, and the court is satisfied that having regard to her means it is reasonable to do so.

Assessment of maintenance: In determining the amount of any maintenance to be paid by a man to his wife or former wife, or by a woman to her husband or former husband, the court shall base its assessment primarily on the means and needs of the parties, regardless of the proportion such maintenance bears to the income of the husband or wife, but shall have regard to the degree of responsibility which the court apportions to each party for the breakdown of the marriage.

When granting a decree of divorce or judicial separation, the court can order the division of any assets acquired during the marriage or the sale of such assets and the division of the proceeds. The court will consider the contributions made by each party in money, property, or work towards acquiring the assets or paying family expenses, as well as the contributions of the other party who looked after the home or cared for the family. Additionally, the court will take into account any joint debts, the needs of any minor children, and the duration of the marriage.

We offer comprehensive adoption services, including advising and assisting parents in adopting children born to Malaysian or non-Malaysian parents. Our services cover the late registration of birth under the Births and Deaths Registration Act 1957, representing parents in court to legalize the adoption, and assisting in contacting the child's biological parents. We liaise with welfare officers, provide necessary information and documents, and guide parents on preparing for home visits. Additionally, we handle the issuance of post-adoption birth certificates with the National Registration Department and offer legal opinions on Malaysian adoption laws for non-Malaysian parents seeking foreign citizenship for the child.