BRIEF DESCRIPTION:

This is an advanced textbook which is intended to guide lawyers on the law and best practices pertaining to family law in Malaysia, including divorce, division of matrimonial assets, and more besides. The book is written by family lawyers and a Judge of the Court of Appeal, and our firm’s senior lawyer, Ashley Danker played a pivotal role in managing and editing this publication, coordinating the efforts of all the authors.  

CONTENTS OUTLINE

1: Overview of Family Law in Malaysia
2: The Role of the Family Court in Malaysia
3: Dissolution of Marriage: Jurisdiction and Forum
4: Ancillary Relief: The Law
5: Ancillary Relief: Orders That Can Be Made
6: Marital Agreements: Pre-nuptial and Post-nuptial Agreements
7: Variation of Maintenance
8: Ancillary Relief: Rules and Procedure
9: Trusts and Divorce
10: The Law Relating to Children
11: Practice and Procedure in Relation to Children
12: Domestic Violence
13: Injunctive Relief in Matrimonial Proceedings
14: Costs
15: Mediation in Matrimonial Disputes
16: Conflict of Laws in Family Issues
17: Overview of Matrimonial Proceedings in other Jurisdictions
18: Overview of Syariah Law in Family Matters
19: Alternative Family Dispute Resolution in the Syariah Court

This textbook provides practical insights and guidance from an experienced group of family law practitioners which will be invaluable in navigating the tumultuous waters of a family dispute. Contemporary challenges (ranging from the dissolution of marriage to conflicts of laws in matrimonial disputes in other jurisdictions in the civil courts) which face both practitioners and judges, are addressed by incisive analysis and commentary.

The recent Law Reform (Marriage and Divorce) (Amendment) Act 2017 is discussed in detail. This book also explores the Syariah Court system, providing an overview of Islamic law as it pertains to family matters, whether they are resolved in the Syariah Court or by alternative dispute resolution.

This book deals comprehensively with family law in Malaysia with particular emphasis on the Law Reform (Marriage and Divorce) Act 1976 with respect to non- Muslim marriage, divorce and ancillary reliefs. The practical approach taken by this book greatly helps both those who are new to family law in Malaysia as well as lawyers who would find the materials and references in this book a useful point of first reference.

KEY FEATURES

Contains a wealth of practical guidance on family law practice
Panel of contributors consists of experienced family law practitioners
Fully up-to-date with relevant statutory provisions
Replete with invaluable leading local and foreign case authorities
Illuminates the difficult areas of family law practice, including child abduction, unilateral conversion, and domestic violence.

Co-authors:

Dato' Andy Low

Managing Partner

LL.B (Hons) Malaya

Profile

You can get the book from Sweet & Maxwell Malaysia