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Showing posts from October, 2023

I'm getting a divorce, Will the Court order that I pay maintenance for my spouse?

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Divorce is a challenging and emotionally charged process, often involving complex legal issues that require careful consideration. Among these issues is the determination of spousal maintenance, which plays a crucial role in ensuring that both parties can maintain a reasonable standard of living after the marriage has ended. Section 78 of the Legal Rights Act (LRA) provides the framework for assessing spousal maintenance in Malaysia, emphasizing the means and needs of the parties and the degree of responsibility for the marriage breakdown. Understanding Section 78 of the LRA Section 78 of the LRA is a pivotal piece of legislation that guides the court in determining the amount of maintenance to be paid by one spouse to the other. While many might assume that past financial support during the marriage is the sole basis for determining maintenance, this is not the case. Instead, the court takes a more comprehensive approach, considering both parties' means and needs. Means and Needs

On what grounds can my WILL be challenged?

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  Creating a will is a vital step in securing your legacy and ensuring your assets are distributed according to your wishes. However, it's important to be aware of potential pitfalls and disputes that can arise after your passing. Here, we break down some key aspects of contestable wills in a simple and engaging way: Grounds for Contest : Wills can be contested for various reasons, and the most common grounds include alleged alterations to the will, forged signatures, or improper execution with regards to witness requirements. Additionally, claims might revolve around your mental capacity at the time of creating the will or whether undue influence played a role in your decisions. Avoiding Ambiguity : Ambiguity or significant omissions in your will can create confusion among your beneficiaries and increase the chances of disputes. To minimize this risk, it's advisable to be explicit in your will, especially if you intend to exclude your spouse or any of your children. Clearly st

Is a counselling certificate a MUST before you can file a contested divorce petition?

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In the heart of Malaysia, the Law Reform (Marriage & Divorce) Act 1976 wields a powerful provision, Section 106. It's a legal clause with a twist - it's all about second chances and the hope of rekindling love. So, if you find yourself in a contested divorce in the enchanting realm of Malaysian law, this is your tale. The Call for Mandatory Counseling:  Section 106 is no ordinary law. It requires couples on the brink of divorce to embark on a journey through marriage counseling at the National Registration Department. Picture it as a bridge, connecting estranged hearts and guiding them toward a possible reconnection. The Reconciliation Quest:  The essence of Section 106 is all about fostering reconciliation. The counseling sessions are like a theater for two, where couples air their grievances, dreams, and fears, hoping to compose a harmonious symphony once more. The Judge's Dilemma:  But, of course, in the court of law, there's always a twist. The court holds the p