Glossary
Legal words from Malaysian divorce, explained in plain English.
Tap a letter to jump, then open any term for a short, plain explanation.
A
Access rights let the parent who does not have custody spend time with the child. Access can be reasonable, set to a…
AdulteryAdultery is one of the facts that can prove a marriage has broken down under Section 54(1)(a) of Act 164. Here is what…
AffidavitAn affidavit is a written statement of facts sworn or affirmed as true. In a divorce it is used as evidence on income,…
Ancillary MattersAncillary matters are the issues settled alongside a divorce: child custody, child maintenance, spousal maintenance and…
Annulment (Nullity)An annulment is a court declaration that a marriage is void or voidable, so it is treated as if it never existed. See…
C
A caveat is a notice lodged at the land office that stops a property being sold without your knowledge. It can protect…
Child MaintenanceChild maintenance is money paid for a child's upkeep after divorce. Under Act 164, both parents must maintain their…
Clean BreakA clean break ends all financial ties between divorcing spouses, usually by a lump sum or property transfer instead of…
ConciliationUnder Section 106 of Act 164, you must usually try conciliation before filing a single petition for divorce. If it…
Consent OrderA consent order is a court order that records terms both spouses have agreed. It is often used in joint petitions where…
Contempt of CourtContempt of court is disobeying or disrespecting a court order. It can be used when a spouse ignores a custody,…
Conversion Divorce (Section 51)When one spouse converts to Islam, Section 51 of Act 164 lets the spouse who did not convert petition to end the civil…
Cross-Border DivorceA cross-border divorce involves spouses from different countries or a marriage registered overseas. See when a…
CustodyCustody is the legal right to care for and make decisions about a child. Under Section 88 of Act 164, the child's…
D
The decree absolute is the final court order that ends a marriage. It comes at least three months after the decree…
Decree NisiA decree nisi is the court's first, conditional divorce order. It becomes final only after a waiting period of three…
DesertionDesertion is one of the facts that prove a marriage has broken down under Section 54(1)(c) of Act 164. It needs at…
Direct ContributionA direct contribution is money you put directly into buying matrimonial property, such as the purchase price, loan…
Domestic ViolenceUnder the Domestic Violence Act 1994, domestic violence covers physical, emotional, psychological and financial abuse…
E
Enforcement is how you make a former spouse obey a court order, through contempt proceedings, garnishee orders, seizure…
EPF / KWSPEPF (KWSP in Malay) is Malaysia's compulsory savings scheme for employees. EPF saved during the marriage can be divided…
Ex Parte ApplicationAn ex parte application is made to the court without telling the other side first. It is used for urgent orders such as…
G
A garnishee order tells a third party, such as a bank or employer, to pay money owed to your former spouse directly to…
Guardianship of Infants Act 1961The Guardianship of Infants Act 1961 makes the child's welfare the main concern in custody and guardianship cases. It…
Guardianship of Infants Act 1961The Guardianship of Infants Act 1961 is a Malaysian law on custody and guardianship. It makes the child's welfare the…
I
Indirect contribution is non-money help to the family, such as homemaking and childcare. Malaysian courts count it when…
InjunctionAn injunction is a court order telling someone to do or stop doing something. In divorce, it can protect assets,…
Interim Protection Order (IPO)An Interim Protection Order (IPO) is a temporary order under the Domestic Violence Act 1994 that protects a victim…
J
JPN (Jabatan Pendaftaran Negara) is Malaysia's National Registration Department. It registers marriages and divorces…
Joint CustodyJoint custody means both parents share decisions about their child, even if the child lives mostly with one parent. The…
Joint PetitionA joint petition is a divorce filed by both spouses together under Section 52 of Act 164, when both agree to divorce…
L
M
The Malaysian Bar Council governs lawyers in Peninsular Malaysia. It runs the Legal Aid Centre, publishes a lawyer…
Marriage TribunalThe Marriage Tribunal is a conciliation body that tries to reconcile couples before a divorce petition, as required by…
Maternal PresumptionUnder Section 88(3) of Act 164, the court presumes a child under seven is better off with the mother. The other parent…
Matrimonial PropertyMatrimonial property is what a couple acquired during the marriage. Section 76 of Act 164 lets the court divide it,…
MediationMediation is a voluntary process where a neutral person helps divorcing spouses reach agreement. It is not compulsory…
P
S
Section 76 of Act 164 gives the court power to divide matrimonial assets on divorce, based on each spouse's…
SeparationSeparation is a ground for divorce under Section 54(1)(d) of Act 164: the spouses have lived apart for at least two…
Single Petition (Contested Divorce)A single petition is a divorce filed by one spouse under Sections 53 and 54 of Act 164, usually when the other spouse…
Sole CustodySole custody means one parent has legal custody and makes the major decisions for the child. The other parent usually…
Spousal Maintenance (Alimony)Spousal maintenance is money one spouse pays the other during or after divorce. Under Sections 77 to 80 of Act 164, the…
V
A variation order changes an earlier court order. You can apply to vary custody, maintenance or access if circumstances…
Void MarriageA void marriage is invalid from the start. Section 69 of Act 164 lists the grounds, such as a spouse already being…
Voidable MarriageA voidable marriage is valid until a court annuls it. Section 70 of Act 164 lists the grounds, such as non-consummation…
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