Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 23

Question 57

🔹Can I still apply if my husband is not residing in Malaysia?

🔸Under Section 49(1) of the Law Reform (Marriage and Divorce) Act 1976, you may still apply for a Judicial Separation Order in either of the following situations:

📌You have been deserted by a husband who is domiciled in Malaysia, even if he subsequently acquires a foreign domicile.

📌You have resided in Malaysia continuously for at least two years immediately before filing the application.

Question 58

🔹Under what circumstances can I apply for a Judicial Separation Order?

🔸Under Section 54 of the Law Reform (Marriage and Divorce) Act 1976, the court will consider the following grounds when deciding whether to grant a Judicial Separation Order:

📌Your spouse has committed adultery, and you can no longer reasonably continue living with him or her.

📌Your spouse has behaved in such a way that you cannot reasonably be expected to continue living with him or her.

📌Your spouse has deserted you for a continuous period of at least two years immediately before the application.

📌Both parties have lived apart for a continuous period of at least two years immediately before the application.

Question 59

🔹What are the legal effects of a Judicial Separation Order on my spouse and me?

🔸The legal effects of a Judicial Separation Order include:

📌The marriage remains legally valid and subsisting.

📌Neither party may remarry until a divorce has been granted.

📌Both parties are no longer under a legal obligation to live together.

📌Either party may subsequently apply for either a mutual divorce or a unilateral divorce.

📌You may no longer claim damages against an adulterous third party on the ground of adultery.

📌If the wife dies intestate, the husband will not inherit her estate. However, if the husband dies intestate, the wife remains entitled to inherit his estate in accordance with the law.