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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.

Domestic Violence Is Not Limited to Physical Assault: Two Key Categories Generally, domestic violence may be understood in two broad categories: Physical violence: including acts such as assault, pushing, or causing bodily injury. Psychological or emotional abuse: including persistent humiliation, threats, verbal abuse, coercion, intimidation, and what is commonly described as “cold violence” or emotional neglect. Importantly, victims may include not only women, but also men. Children may also fall within the scope of protection, as domestic violence laws and procedures may apply to child victims as well.

1. Is attendance at JPN mandatory for every divorce? Not necessarily. Where both parties agree to divorce (and have reached agreement on the terms), the general process is: both parties negotiate and agree on the divorce terms (which must be lawful);the terms are reduced into writing, signed, and affirmed; the documents are filed in Court; both parties attend Court on the hearing date; and the Judge grants the divorce in accordance with the agreed terms. In such circumstances, there is generally no requirement to undergo the JPN reconciliation process. Attendance at JPN typically arises where :the divorce is unilateral (i.e., one party does not agree to divorce or the parties cannot reach agreement on the terms); in such cases, the matter usually proceeds through the JPN reconciliation process.

1. Definition: “Foreigner Adoption ”Generally, this may be understood in two situations:(A) One spouse is a foreigner and the other is a Malaysian citizen. This is commonly not treated as a “foreign adoption” in the strict sense, because the family is ordinarily residing in Malaysia. In such circumstances, the adoption is typically to be carried out in accordance with Malaysian procedures, without any material difference merely because one party is a foreigner.