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Showing posts from May, 2023

Navigating Child Custody in Divorce: Prioritizing Your Child's Wellbeing

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Introduction: Divorce is never easy, and one of the most challenging aspects for couples is deciding on child custody. In Malaysia, disputes over child custody have become increasingly common, creating a difficult situation for everyone involved, especially the children. While determining custody can be complex, it's crucial to understand your options and rights to ensure the best outcome for your child. Finding Common Ground: When both parties can agree on the terms of the divorce, making custody decisions becomes much simpler. In fact, joint custody is a viable option that can foster a healthy co-parenting relationship. However, things can become more complicated when agreement seems out of reach. The Role of the Law: In Malaysia, the Law Reform (Marriage & Divorce) Act of 1976 establishes a presumption that children under 7 should live with their mother. However, this is not an absolute right given to the mother. If the father can demonstrate that the mother is unfit to rais

INFOGRAPHICS: THINGS TO REMEMBER/DO FOR DEBT RECOVERY

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The above infographic will give you a few important things to remember or do before you can file a debt recovery claim against your debtors. 1.      The time limit to file a debt recovery action is 6 years It's important to note that claims can have an expiration date. The law sets a time limit of 6 years    from the due date of payment for creditors to take legal action against debtors. After this period, creditors are no longer allowed to file a lawsuit to recover the debt. This limitation period exists to discourage creditors from delaying action and to ensure that litigation has a definite conclusion. 2.      Whom do you intend to file your suit against? To avoid your case being struck out, it is crucial to accurately identify the appropriate debtors who have a genuine interest or liability related to your case. While you have the freedom to name or sue multiple defendants, it is important that they are directly involved in the subject matter. Additionally, the methods for reco

Contested Divorce Petitions in Malaysia: Your Essential Guide

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  Imagine a courtroom showdown in Malaysia's marital drama. Meet Adam and Eve, a couple facing a cross  road of separation. Adam is ready to sign the divorce papers, but Eve stands firm, creating a spicy legal deadlock.  Enter the "Contested Divorce Petition," (or sometimes known as Single Petition) a powerful legal move that gives Adam a chance to have his say, even if they don't see eye to eye. In order to file a Contested Divorce Petition, Adam has to rely on one or more of the Grounds and/or Proof of Breakdown provided under Section 54(1) of the Law Reform (Marriage & Divorce) Act 1976. WHAT ARE THE GROUNDS/PROOF OF BREAKDOWN ILLUSTRATED UNDER THE LAW? Here we go...... 1. Adultery: is a legal basis for divorce if one of the parties has engaged in it. When a spouse has a sexual relationship with someone other than their spouse, it is called adultery. For instance, Adam could apply for divorce on the grounds of adultery if he finds out Eve has been having an aff

From Lawyer to Community Leader: My Passion for Giving Back

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It's crucial for us to give back to our community in any manner we can. As a Klang-based lawyer, I firmly think that assisting others not only fulfils a moral duty but also contributes to a better society. Because of this, I am enthusiastic about doing volunteer work in the community and are constantly seeking for chances to have a positive effect. Through my firm's collaboration with the Legal Advisory & Women's Aid Centre (LAWA), a nonprofit that offers free legal counsel to individuals in need, one of the ways I give back to the community. I am dedicated to assisting clients who have been referred to us through LAWA by giving free legal advise as panel solicitors. LAWA is the first "One Stop Centre" established by a political party, Wanita MCA on 16 December 2014 to fight for justice, defend women’s right and female victims of all races, especially those suffering as a result of domestic violence and sexual assault. The organization is ever ready to help sa

Winning the Battle Against Debt: A Success Story

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Through my 13 years of experience practicing as a Lawyer, I've worked on many debt recovery cases for companies. But no matter what challenges come my way, I'm always up for the fight. There's nothing quite like the rush of winning a case and seeing my clients' faces light up with joy. It's like being on top of the world - or maybe even on a different planet altogether! Get ready for a debt recovery tale that's juicier than a ripe watermelon on a hot  day! It all started when Company A realized that Company B (an Airline company) had been stiffing them on payments for FOUR LONG YEARS. Can you imagine? It's like borrowing your friend's bike for a weekend and then deciding to keep it for four years without returning it. Not cool at all. So Company A got wise and decided to take matters into their own hands. They contacted me, and together we planned on how to approach the case. Not like a revenge though, but they definitely wanted to get their money back.

"UNTYING THE KNOT - AN OVERVIEW OF THE LEGAL PROCESS

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Stuck in an unhappy marriage? Here's the deal: you have to have been married for at least two years if you're in a bad marriage and ready to end it in Malaysia. There are exceptions, however, you will need EXCEPTIONAL CIRCUMSTANCES to qualify for a divorce before completing 2 years. Therefore, please hold your horses.  There are basically 2 types of divorces in Malaysia, a mutual consent and a contested divorce. While a mutual consent divorce can be time saving, fast and cost effective, it is quite the opposite for a contested divorce proceedings which can take anywhere between a year to 2 years to conclude and the process can be a costly affair. Why does it take long? this is because under a contested divorce proceedings there are many issues to be tried in which the Court will need to hear and make a decision. A divorce proceeding does not only involve issues pertaining to the cause of the breakdown of a marriage, a family court is empowered to make decisions inter alia in re

FROM ZERO TO HERO - A DEBT RECOVERY STORY

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What is Debt Recovery? Let's try this, then, all right! Your friend may be owing you money, yet they keep avoiding your calls. Or if you run a business and your customers are paying you late, which is seriously disrupting your finances? Do not worry, dear friend;  Debt recovery lawyer is here to the rescue! There is a solution for everyone, whether it be two friends who need to settle their friendly loan or two businesses who are locked in a financial impasse. After all, maintaining a steady flow of income is essential for any business to prosper and expand. So, if you're sick of waiting for your money to arrive, let debt recovery take control and resume your payments. Don't let unpaid debts keep you down; with a little assistance, you may quickly get back on top. It is essential that individuals or businesses speak with a debt recovery lawyer as soon as possible if they have outstanding debts. Seeking prompt legal advice may help to avoid prolonged disputes and allow for a

RIDE SAFE, PLAN AHEAD-SECURE YOUR TOMORROW TODAY

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 Salutations to my fellow Malaysians! Isn't it true that life is unpredictable? One minute, you're eating at your favourite restaurant , and the next thing you know, you're resting on a hospital bed. Scary, huh? The fact is, we have no influence over what will happen to us, but we do have control over what will occur once we are gone. WILL writing fills the void. I know what you're thinking right now: "Ugh, WILL writing? That sounds so tedious and dull. But listen to me, people. WILL writing is not only important, but it may also be enjoyable and creative. Consider it your last farewell to your loved ones. You get to choose who receives what, who looks after your pets, and even who receives your valuable possessions, vintage vinyl record collection. Even better, you can create a touching letter to be read by your loved ones after your passing. Talking about unpredictable life, it reminds me of a news I read in the Newspapers some time ago which relates to one that