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Who Owns the Embryos After Divorce? Malaysia’s First Frozen Embryo Case Delivers a Landmark Judgment!

Divorce & Family Law, Family Law-Other /

In 2025, the Malaysian Family High Court, in the case of RAH v RAL, addressed the legal status and control of frozen embryos following a divorce for the first time. The decision is regarded as a landmark development in Malaysian family law.

Background of the Case

The couple married in 2009 and underwent In Vitro Fertilisation (IVF) treatment in 2014 due to fertility difficulties.
The embryos were created using the husband’s sperm and eggs donated by the wife’s sister, resulting in three embryos that were cryopreserved.
Following the parties’ divorce in 2017, one of the embryos was used, and a daughter was born in 2022.
The dispute concerned the remaining two frozen embryos.

Who Owns the Embryos After Divorce? Malaysia’s First Frozen Embryo Case Delivers a Landmark Judgment! Read More »

Is Surrogacy Really Allowed in Malaysia?

Divorce & Family Law, Family Law-Other, Medical treatment /

Many couples facing fertility difficulties may consider surrogacy as an option. However, in Malaysia, surrogacy remains a legal grey area.

In simple terms, surrogacy refers to an arrangement where another person carries and gives birth to a child on behalf of the intended parents. It generally falls into two categories: traditional surrogacy (where the surrogate is genetically related to the child) and gestational surrogacy (where the surrogate has no genetic relationship with the child). However, Malaysia currently does not have any specific law that expressly recognises or regulates surrogacy.

Is Surrogacy Really Allowed in Malaysia? Read More »

TOP 100 Frequently Asked Questions (FAQ)

Divorce & Family Law, Family Law-Other /

A Comprehensive Guide to Joint Petition Divorce & Single-Petitioner Divorce

In practice, divorce is far more than simply signing a document. Whether the divorce is pursued by mutual agreement or initiated unilaterally by one party, the process involves legal procedures, court requirements, and careful consideration of important matters such as children, matrimonial assets, and maintenance.

TOP 100 Frequently Asked Questions (FAQ) Read More »

TOP 20 Frequently Asked Questions (FAQ)-Part 1

Adoption Law /

In Malaysia, the adoption of a child is a formal legal process regulated by law. Its purpose is to establish the child as the lawful child of the adoptive parents, while ensuring that the child enjoys full legal protection, family status, and rights. Adoption may be carried out either through the courts or through the National Registration Department (NRD). In practice, court adoption is generally faster and procedurally more efficient, making it the preferred option for many adoptive parents.

TOP 20 Frequently Asked Questions (FAQ)-Part 1 Read More »

From Trial to Appeal –Whether ending is already scripted for case with not enough evidence?

Construction Law, Renovation / Construction Law /

From the very beginning of the case in the Lower Court, until the opposing party’s appeal to the High Court then to the Court of Appeal, the opponent cannot produce sufficient evidence or call key witnesses to support of their counterclaim, therefore this entire case offers a very practical and important lesson:

From Trial to Appeal –Whether ending is already scripted for case with not enough evidence? Read More »

Legal Intern Vacancy

Vacancy /

Legal Internship Opportunity
Messrs Edward Ng & Partners – Legal Firm, conveniently located near Bukit Bintang, Kuala Lumpur, is currently seeking motivated and dedicated individuals to join our firm as Legal Interns.
Requirements
1) Willing to learn and able to work independently
2) Punctual with good communication and interpersonal skills
3) Diligent, responsible, and detail-oriented
4) Strong legal research and legal drafting skills
5) Proficient in English, Bahasa Malaysia, and Mandarin
6) Able to commence internship within the next 1–3 months
Application
Interested candidates are invited to submit their resume to:
📧 [email protected]
📧 cc: [email protected]

Legal Intern Vacancy Read More »

Litigation Clerk Vacancy

Vacancy /

VACANCY Available – Litigation Clerk
BY Messrs. Edward Ng & Partners – Legal Firm
Location: Bukit Bintang, Kuala Lumpur
Type of Position: Full Time
Qualifications & Requirements
* Minimum 1 year of litigation experience, preferably in small to mid-sized firms
* Ability to work independently with minimal supervision
* High level of discretion in handling confidential information
* Proficient in the use of EFS
* Able to perform effectively in a fast-paced and dynamic environment
* Immediate availability is an added advantage
* Strong communication skills, with proficiency in written and spoken English and Malay (knowledge of Mandarin is an added advantage)
* Capable of managing incoming and outgoing correspondence, including emails and phone calls
* Experienced in preparing and filing legal documents, including:
* Records of Appeal
* Bundles of Authorities
* Bundles of Documents
* Agreed Facts and Issues
* General correspondence
* Arrangement of exhibits in affidavits
* Competent in maintaining and updating case files in an organized and efficient manner

Litigation Clerk Vacancy Read More »

Is Adultery Hard to Prove？Can I Hire a Private Investigator to Track Them？

Divorce & Family Law, Is Adultery Hard to Prove❓Can I Hire a Private Investigator to Track Them❓ /

1. What can a wife do if the husband refuses to provide maintenance?

In Malaysia, a wife may apply under:
Married Women and Children (Maintenance) Act 1950

To claim:
Wife’s maintenance
Child maintenance
Including illegitimate children

The court will determine:
Amount
Effective date
Whether retrospective payment applies

2. Is the process complicated? How long does it take?

Generally not complex.

Typical timeframe:
3–4 months

3. Can salary be directly deducted?

Yes, via court order.

Employer involvement:
HR participation
Significant pressure on the husband

4. Fixed or variable amount?

Usually fixed monthly amount.

5. Husband working overseas?

Depends:
Malaysian employer → enforceable locally
Foreign employer → more complex

Is Adultery Hard to Prove？Can I Hire a Private Investigator to Track Them？ Read More »

After Divorce, Can I Still Claim Maintenance from My Ex Husband？

Divorce & Family Law, Is continuing to demand living expenses from the other side possible after divorce possible❓ /

1. Can maintenance continue after divorce if it was already paid during marriage?

If the husband had been consistently providing maintenance during the marriage (e.g. monthly transfers),
the wife may apply to the court to continue receiving such maintenance after divorce.

The key is not whether the parties are divorced, but whether:
The payments were consistent
They were used to sustain the existing lifestyle
📌 There are bank records or documentary proof

If continuity is established, the court will give serious consideration.

2. Must maintenance be paid monthly? Can it be paid as a lump sum?

A lump sum maintenance can be applied for, but it is not suitable in every case.

The court will consider:
Age
Earning capacity
Financial ability of the other party
Future needs

In some cases, the calculation may follow:
Expected working years × monthly maintenance × 12 months

However, approval depends entirely on the specific case.

After Divorce, Can I Still Claim Maintenance from My Ex Husband？ Read More »

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