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I. If maintenance was paid before the divorce, can it continue after the divorce? Where, during the subsistence of the marriage, the husband had consistently and regularly provided the wife with maintenance (for example, by monthly bank transfers), the wife may, upon divorce, apply to the Court for continuing maintenance. The decisive issue is not merely whether the parties are divorced, but whether: such payments were made over a sustained period; the payments were intended to maintain the standard of living enjoyed during the marriage; and there is documentary proof (e.g. bank transfer records, statements, receipts).If the wife can demonstrate that this arrangement formed part of the parties’ established lifestyle, the Court will generally give it due consideration.

I. What can a wife do if her husband refuses to provide maintenance during the marriage? In Malaysia, a wife may apply to the Court under the Married Women and Children (Maintenance) Act 1950 to claim: maintenance for herself; and maintenance for the child(ren), including maintenance for illegitimate child(ren).The wife must file an application through a solicitor and set out her monthly living expenses. The husband will be given an opportunity to respond. After considering the parties’ affidavits and submissions, the Court may make an order determining: the monthly amount payable; when the order takes effect; and whether the order is to be backdated to cover months previously unpaid.

I. What amounts to “adultery”? Put simply, adultery refers to consensual sexual intercourse between two persons, where at least one party is married and the marriage is still subsisting. The key elements are: A voluntary sexual relationship; and One party is in an existing marriage. Because sexual intercourse is rarely witnessed or recorded by third parties, adultery is, in practice, notoriously difficult to prove in court.