This article aims to discuss the procedures to enforce the divorce order granted by other jurisdictions (other country). For a civil marriage solemnized abroad and dissolved under the laws of a foreign country, one party or both parties to the marriage who is a citizen of Malaysia needs to obtain a declaration order from the…
Whether the date of delivery of the vacant possession of the building in Sarawak shall be calculated from the date the booking fee was paid OR from the date the Sale and Purchase Agreement was signed? The method of calculating the date of delivery of vacant possession in Sarawak is provided in the Form B of Housing Development…
According to Section 2(1) of the Wills Act 1959 defines Will as the intention and declaration made by a testator that he or she desires to distribute his or her property. An individual is to be advised to do last will and testament so that his estates can be distributed in accordance to the wishes of himself…
Being bound by a ‘bankrupt’ status is oftentimes burdensome because bankrupts would be restricted from carrying out what a normal person could do such as travelling overseas (unless with a written permission from the Director General of Insolvency [‘DGI’] or an Order from the Court), taking on loan with the financial institution and working in…
This article aims to discuss the procedures to divorce when the whereabouts of the spouse is unknown. The only way to dissolve a marriage when the whereabouts of the spouse is unknown is to file for a single divorce proceeding. Section 106 of the Malaysia Law Reform (Marriage and Divorce) Act 1976 (hereinafter referred to…
The article seeks to discuss on the principles of AR Registered Post with reference to relevant case law and statute. What is AR Registered Post? Apart from the personal service, another method for service of court documents is by way of the AR Registered Post. AR Registered Post is a mail service offered by Pos…
This article seeks to discuss about estate administration in Sarawak. In essence, there are two ways to administer a deceased’s assets, that is, by way of probate or letter of administration. Grant of Probate The pre-requisite of applying for a Probate to execute the deceased’s estate is that the deceased must have a valid Will….
The issues of child marriage have evolved over the year, which is evident through news and critics comment from academician through publishing articles. Nevertheless, child marriage is still allowed in Malaysia and just last year, as Malay Mail published on 4th December 2020, 543 child marriage cases, including applications were recorded. Section 2 of the Age of…
Divorce Procedure in Sarawak, Kuching: For Non-Muslim Divorce procedure in Sarawak, divorce cases for non-Muslim is governed under the Law Reform (Marriage and Divorce) Act 1976. There are two types divorce proceedings, which can be either a joint petition or single petition. A joint petition for divorce means both the husband and wife mutually agreed…
Guide to Legal Friendly Loan Agreements What is a “Friendly Loan Agreement”? A friendly loan agreement is a contractual document that outlines the terms of a loan between two individuals. The document can define the amount of money or other property that is being loaned, the payment terms, and other conditions required for repayment. It…
