Home / Malaysia Family & Estate Planning Law / Marriage & Divorce Law Divorcing My Foreign Husband ... Procedure for Divorcing Foreign Husband and will i get Maintainence & Property Distibution

Divorcing My Foreign Husband ... (modified 0 times) Shanu Hi ther , I'm Malaysian indian lady (hindu )29 years married to a foreigner from Bangladeshi (hindu) 3 and half years back and we don't have any kids. We legally registered under Malaysian Act and hindu wedding in Malaysia respectively. I have all the legal cert supporting this.He was self employed businessman ( own company and i'm one of the director )with steady income. Since married, i'm sponsoring him and he have valid visa for another 4 years. He bought a house before married and the property is under his name. He have 2 cars under his name as well which he serviced the payment every month. We're having misunderstanding for quite sometime back. He used to use abusive words and torture me to the maximum until i was not allowed to step out from the house even to visit my parents. Everyday our day will end up by quarelling. He is kind of paranoid. Moreover he kept treaten me by telling he might return back to his county anytime.I have to put a full stop to this scenario. Finally i regret for marrying a foreigner from Bangladeshi wher they have their own lifestyle, live within tht circle and start talking bad about MALAYSIAN PEOPLE !!!!!!!!!! Finally with the advise from my parents,i decided for divorcing him. I don't know whether he will agree for mutual consent as his visa under company and i'm holding 50% of the stake. Come to my questions:- If CONTESTED PETITION TO DIVORCE 1) will i get property, car distribution or money after sold the property ? 2) maintanance during marriage and after divorced Plzz kindly advised me. Wht shud i do in order to get back my rights as a malaysian citizen whom married a foreigner. I can be reached at r.shanthi.roy@gmail.com 06 Sep, 2008 19:26:28

RE:Divorcing My Foreign Husband ... (modified 0 times) shri Hello there, There are several questions that need answers. 1. is your husband agreeable to the divorce? if he is not, you can still apply for divorce but - you will need to prove that your marriage has "irretrievably broken down" for which you need to prove adultery etc or that you have been living apart for more than 2 years. You will also need to apply to the marriage tribunal which is located at JPN (IC dept), and they will need to issue you with a certificate saying that they were not able to resolve your problems. if the situation at home is what you say it is, then i would advise you to move out immediately. go to your parents or somewhere safe. you will need your marriage cert, and a copy of his passport, plus a copy of the house title (if possible). once you have moved out, you can negotiate with your husband as to whether he will agree to a divorce or not. You have the upper hand as you are a Malaysian - you can simply tell him that if he doesn't consent to a divorce, you will stop supporting him - i presume that was the reason he married you in the first place - so he could say he was married to a malaysian. You can apply for maintenance during and after divorce. As to a share in the house - you may get a share provided you can show that you contributed to the upkeep of it - this is where the shares in the company, the fact that you are a housewife and the fact you didn't receive any salary - become helpful. the procedure for divorce will vary from case to case - and where one party doesn't agree to the divorce - we frequently don't know what's going to be raised by the opposing parties. Similarly the legal charges will differ based on the complexity of your case. If both parties agree to the divorce, then a joint petition for divorce is filed and this procedure is cheaper and faster than going for a contested divorce. Please note that it is just a brief outline based on your facts here. I do think that you will need to engage lawyers for further advice. Hope this is helpful. Regards, muhendaran.sri@gmail.com 17 Sep, 2008 12:36:04

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