Landlord and tenant’s rights and obligations are stated in the tenancy agreements signed between the parties. Upon parties entered into the said tenancy agreement, the tenant has the right to use the said premises pursuant to the terms stipulated in the tenancy agreement. In return, the landlord is entitled among others, to collect rent from the tenant as agreed in the tenancy agreement.
Traditionally in many jurisdictions, biological mothers of the illegitimate child enjoy more privilege over the biological fathers in terms of the recognition of their parental rights. As such, it is a frequent occurrence to see the fathers seeking assistance from the Court to be granted parental rights in respect of the illegitimate child.
As international marriages become more and more common these days, the problem of international parental child abduction has also begun to rise. International parental child abduction generally refers to the wrongful removal of a child by the parent to another country, or retaining the child in a foreign country away from the other parent. The parent takes such drastic measures for fear of losing the opportunity to see the child in the future.
During divorce proceedings, it comes as no surprise that the division of marital assets is usually one of the main disputes between spouses following the breakdown of a marriage. In Malaysia, the Court will consider each spouse’s contribution before dividing the marital assets.
Child maintenance for non-Muslims is governed under the Law Reform (Marriage and Divorce) Act 1976 (“LRA”). In Peninsular Malaysia, additional powers are given to the Court under the Married Women & Children Maintenance Act 1950 (“MWCMA”).
In divorce proceedings, marital assets are frequently one of the most contested issues where spouses will respectively seek to lay their claim over these assets. It is not uncommon, especially in high net worth divorces, that a party will attempt to hide/dispose assets in order to defeat or reduce the value of the other party’s claim to it. This typically involves transferring assets to a third party such as a family member, channelling assets into a trust, or transferring monies to an offshore bank account.
In our previous article, we discussed about the enforcement of a Court Order obtained after the divorce proceedings. One of the terms that often included in the Court Order is spousal and/or children maintenance.
With the growing use of the internet and social networking platforms in today’s society, the number of incidents related to online or cyber harassment has also tremendously increased in Malaysia. Cyber harassment occurs where the attacker harasses a victim using electronic communication, such as e-mails or text messages, or even messages posted to a website.
Divorce proceedings are unarguably one of the most difficult and stressful time for couples that are ending their marriage. All too often, the animosity between divorced spouses would lead to one party breaching the terms of the order for divorce. In a situation like this, the other party may initiate committal proceedings to hold his or her ex-spouse in contempt for refusing to obey the Court order.
Divorce proceedings are unarguably one of the most difficult and stressful time for couples that are ending their marriage. All too often, the animosity between divorced spouses would lead to one party breaching the terms of the order for divorce. In a situation like this, the other party may initiate committal proceedings to hold his or her ex-spouse in contempt for refusing to obey the Court order.