International Divorce & Family Law: Malaysia

British colonial influence in countries like Malaysia is illustrated by the impact English law still has on the territory. 1956 legislation enables Malaysian judges to apply English common law in family matters where no equivalent Malaysian law has been introduced.

As an international family law firm our clients include Malaysians resident in the UK, UK nationals with a Malaysian spouse and people who were married in Malaysia. Below are some of the things to bear in mind if you are getting a divorce and you or your estranged spouse have some connection to Malaysia.

Grounds For Divorce In Malaysia

For Malaysian courts to hear your divorce you must prove that the marriage has been registered in the country and you and your spouse are domiciled in Malaysia. It’s notable that a wife does not have her own domicile under Malaysian law. Instead she takes the same domicile as her husband.

Individuals can petition for divorce on the following grounds:

  • Where one spouse converts to the Islamic faith
  • No-fault mutual consent
  • Irretrievable breakdown on the basis of one of five facts (broadly similar to the grounds for divorce in England and Wales)

Financial Aspects Of Malaysan Divorce

Malaysian courts have more latitude than courts in other countries when it comes to dividing assets on divorce. Broadly speaking courts will divide equally all assets acquired during the marriage – whether gained by the sole effort of one spouse or through the efforts of both husband and wife. But the court will take into account the contributions of each spouse toward acquisition of the asset.

Property owned by one spouse before the marriage will be treated as though it were acquired during the marriage (and divided equally) if substantial improvements have been made to it during the marriage. Importantly the courts don’t adopt a strict, formulaic approach to asset division. Instead the aim is to make a fair division of the assets owned at the time of the divorce

Pre Nuptial Agreements In Malaysia

Legally prenuptial agreements aren’t recognised by the courts in Malaysia. But the growth in popularity of both pre and post nuptial agreements has led courts using them as an indicator of the parties intentions as regards asset ownership and division. But they will always be subject to the court’s overarching authority.

Children

In common with many jurisdictions the welfare of the child is the most important consideration when it comes to deciding where a child will live. In Malaysia there is a rebuttable presumption that a child under seven is better off living with the mother

Getting Advice On Malaysian Law

The case of Chai v Peng demonstrates the lengths to which some individuals will go to have their divorce decided by Malaysian rather than UK judges. That’s because in the UK judges are considered to be more generous to the financially weaker spouse. If you are a Malaysian living in the UK or have some connection to Malaysia and would like advice on how to issue proceedings in the UK Brookman can help.

Enquire Now

Or call us: +44 (0)20 7430 8470

Got a question about Malaysia? Ask us now...

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Everything you send in this form is secured and encrypted the moment you submit it. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

International Divorce

Watch Henry Brookman summarise divorce and common divorce myths.

If you have questions, contact us now, we can help you.

Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

Talitha offers sound advice, asks the right questions and advises you with what you need to know not just what you want to hear. I have no hesitation in recommending her services.

Sep 2021   Anu Vidyarthi

Henry took the time to go through all the details of my separation thoroughly. He was very clear on what my options were and what I needed to do to have a seamless agreement with my ex. Thank you for all your help!

Aug 2021   Sandeep Cina

Talitha provided a free consultation and could not have been more helpful. Her guidance was pragmatic and she managed my expectations both on costs and the process. Talitha offered practical advice to find a solution that could avoid going to court.

Aug 2021   Richard Doyle

I had an initial chat with Kevin, the senior associate. Extra ordinary talent to convince parties, very intelligent and I was wonderstuck at his brilliant knowledge of family law.

Aug 2021   Mrs. M. Merchant

I have nothing but positive feedback about this firm... Lorraine Imms from Brookman was absolutely brilliant... Her knowledge is exceptional and she has kept me informed through every step... I'd give ten stars if I could!

Jun 2021   Martin Byrne

Myself and my mother had a free video consultation with Mr. Brookman regarding my mother's divorce and were both impressed with his knowledge on divorce matters, professionalism and understanding. Henry then followed up with us with a clear plan of what he suggests we do...

Mar 2021   Bruna Cordeiro Pezzano

I had a consultation with Mr. Brookman and was impressed with his honesty, knowledge and understanding of my situation. He seemed to take a genuine interest in my case, which immediately put me at ease.

Mar 2021   Chichi

Very swift response and concise information. I had a very engaging free consultation with Mr Brookman initially which was informative and professional.

Feb 2021   Garry Ralph

I would like to say my experience with Mr Brookman was an extremely positive experience. His knowledge, advice and compassion put me very much at ease and made a very difficult situation much more bearable.

Feb 2021   Jenny Brock

Very helpful, and honest about my situation even though it wasn’t business for them at this time. Would recommend.

Jan 2021   Natalie Roche

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

Associate Solicitor

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, pre- and post-nuptial agreements and cohabitee property disputes.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Office Manager

Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470