What is Judicial Separation

Note: The article is meant for public reading purpose and no law provision and case law precedent will be cited.

Judicial Separation

If you do not want to get divorce, but want to live separately with your husband and do no want to fulfill the marital obligation then you may opt for the choice for Judicial Separation.

Requirement to file judicial separation

As long as your marriage is recognized under the law of Malaysia. You can file the judicial separation at any time even your marriage haven’t  reach 2 years.

Reason to file the judicial separation

Need time to consider whether the current marriage is suitable and yet to avoid the allegation from the spouse saying not fulfilling marital obligation. You may file the petition on the ground that

(1) you could not tolerate living with a spouse behaved in such a way that you cannot expect continue living with him or her.

(2)You may file on the basis also you were deserted for deserted for a continuous period of at least 2 years.

(3) You may file on the basis both parties were separated for more than two years

(4) You may file on the basis that your spouse committed adultery.

What you can ask in Judicial separation?

  1. Custody, care and control of the children
  2. Division of matrimonial asset
  3. Child maintenance
  4. Wife Maintenance

Should there is any problem, please do not hesitate to contact a lawyer for consultation.



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