Family Law in Malaysia

Updated on Tuesday 24th January 2023

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Malaysia has two distinct sources for matters concerning family law. The Islamic Sharia Law applies to Muslims while several other laws and acts govern non-Muslims. The Civil Law Act allows for the usage of common law and rules of the English common law of there are no specific statutes in Malaysia to govern a certain family law aspect.

Family disputes in Malaysia are brought before the ordinary civil courts. Foreigners living in Malaysia who have legal issues concerning family law will have to meet the local laws for marriage, divorce and taking care of the children of their marriage was registered in the country or if the spouses have their domicile in the country when they submit their legal claim. 

One of our lawyers in Malaysia can help you solve personal matters related to marriage, divorce, child custody or the division of assets.

Laws governing family matters in Malaysia

The Civil Law Acts is an important resource for dealing with family law matters. In some respects, it relies on the English common law, particularly in the case of custody and infant control. Other significant laws include the Law Reform Act on Marriage and Divorce, the Married Women Act, the Married Women and Children Act, the Child Act and the Guardianship of Infants Act

According to Family Law, a marriage concluded outside of Malaysia can be valid in the country of the spouses were in the legal capacity to marry and if it is concluded in a legal form, according to the laws of that country. Civil partnerships are not recognized in Malaysia. One of our Malaysian lawyers is able to help you with information about the recognition of your marriage if you are living in Malaysia and have married in another country.

Legal aid for family-related matters

Family disputes in Malaysia are often settled in court. Mediation and arbitration are two available options for settling family disputes outside of court. The parties who agree to mediate must conclude a special agreement for this purpose: once an agreement is reached with the help of a mediator, the parties sign an agreement in the presence of the mediator.

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Our lawyers in Malaysia can help you solve any family disputes. You can contact us for issues like marriage, divorce, pre- and post-nuptial agreements, child custody or adoption, the division of assets between parties and others. You can contact us for further details and legal representation.