Frequently asked questions (FAQ) or Questions and Answers (Q&A), are listed questions and answers, all supposed to be commonly asked in some context, and pertaining to a particular topic. The format is commonly used on email mailing lists and other online forums, where certain common questions tend to recur.
Yes, provided that your marriage is registered or deemed to be registered in Malaysia.
In a joint divorce petition, both parties mutually agree to dissolve their marriage with agreed arrangements pertaining to matters relevant in the family such as children, assets and maintenance payments. There is no requirement to obtain a tribunal certificate before filing of a joint petition.
Whereas single petition refers to a petition where parties have not mutually agreed to dissolve their marriage and/or there is no agreement as to the terms of dissolution of marriage. Prior to filing of a single petition, both parties are required to undergo a conciliatory process.
The conciliatory process is conducted by a conciliatory body, usually the marriage tribunal under the purview of the National Registration Department.
Parties usually refer to the marriage tribunal in the area they are residing.
They are required to refer to the marriage tribunal for the area where the parties have last resided together.
Yes, it is compulsory for both parties to attend the conciliatory process unless a Court order for dispensation from attendance is obtained.
more than 6 months from the date of reference to the marriage tribunal.
If at the end of the conciliatory process, the tribunal is unable to resolve the issue between the parties or persuade parties to reconcile their marriage, a certificate shall be issued by the tribunal. The party who wishes to file single petition may then produce the certificate when filing the single petition in Court.
You may ask for sole custody, care and control of your children. If the Court is of the view that it is in the best interest of the children that you have sole custody, care and control of the children, the Court may allow you to have sole custody with order of access to children be given to the other parent on terms stipulated by the Court, unless parties have consent to the arrangement on access.
No, you may file an application for custody of your children, irrespective of whether or not you have filed your petition for divorce.
Yes, especially if you are not financially independent. The Court will usually order a maintenance sum based on the means and needs of the parties.
The responsibility of parents to pay maintenance for children ends once the children attains the age of 18.
Yes, especially if you not financially independent. The Court will usually order a maintenance sum based on the means and needs of the parties. The Court will take into consideration of the degree of responsibility of each party which contributes to the breakdown of the marriage. Your husband is only liable to pay the spousal maintenance until your re-marriage or if you live in adultery with any other person.
In granting decree nisi, the Court will order division of the matrimonial assets both jointly and solely owned by the parties based on their respective direct and indirect contribution towards acquiring the assets.
You shall be considered divorced once the decree nisi is made absolute, approximately 3 months from the date of the decree nisi.
The main applicable legislations are, inter alia, as follows:
There are two stages in an application for Employment Permit/Pass, namely: (1) application for a post and (2) application for employment pass.
The first stage is for a company to submit its application for expatriate posts. There are six authorized bodies or agencies appointed by the Malaysian Government to evaluate and approve the expatriate posts and they are:-
Expatriate post in the private sector in the fields of manufacturing company which is involved in expansion plans, manufacturing related services, hotel and tourism industry and research and development sector.
Expatriate post and skilled foreign worker in information technology based companies with Multimedia Super Corridor (MSC) status.
Doctors and nurses working in government hospitals or clinics, lecturers and tutors employed in government institutions of Higher Education (IPTA), contract posts in public services and recruitment process jobs offered by the Public Service Commission (SPA) or government related agencies.
Expatriate posts in the banking, finance and insurance sectors
Expatriate posts in securities and share market; and
Expatriate posts in private and public sectors other than those under MIDA, MDeC, PSD, BNM and SC's jurisdiction.
After you have received approval of the expatriate posts by the above approving agencies, a company proceeds to Stage 2 to submit an application to the Immigration Department for an employment pass for the foreign national concerned. Once the Employment Pass has been issued and endorsed, the expatriate can be hired and employed.For more information relating to the application, you may refer to http://www.imi.gov.my/index.php/en/pass.html?id=228.
Employment Pass. An employment pass is issued to the expatriate to enable him to stay and work legally in Malaysia. Before the employment pass can be issued, the employment of the foreign worker must be approved by the Expatriate Committee or the relevant regulatory agency. An employment pass is valid for a period of not exceeding two years.
Temporary Employment Pass. A temporary employment pass is for unskilled or semI-skilled workers in the manufacturing, agriculture, construction and services fields.
Professional Visit Pass. Issued to foreign nationals who remain employed by the company in the home country but are required by a Malaysian company to provide certain services.
An employer may not employ a non-citizen unless the non-citizen is issued with a valid employment permit. Any person who fails to comply shall be guilty of an offence and upon conviction can be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding one year or both. (Section 5 and 18(1) of Employment (Restriction) Act 1968).
Any person who employs one or more persons not in possession of a valid Pass shall be guilty of an offence and upon conviction be liable to a fine between RM10,000 to RM50,000 or imprisonment for a term not exceeding 12 months or to both. (Section 55B(1), Immigration Act 1959/63).
Where an employer employs more than 5 of such employees, the employer shall on conviction be liable to imprisonment for a term not exceeding 6 months but not exceeding 5 years. The employer shall also be liable to whipping of not more than 6 strokes. (Section 55B(3), Immigration Act 1959/63).
Where a body corporate commits the offence of employing illegal foreign workers, the member of the board of directors, manager, secretary or a person holding similar capacityat the time of the offence, shall be guilty of offence and be liable to the same punishment as the body corporate (Section 55(B)(5), Immigration Act 1959/63).
No occupier (including an employer) shall permit any illegal immigrant to enter or remain at any premises. Upon conviction, the occupier shall be liable to a fine of not less than RM5,000 but not more than RM30,000 or imprisonment for a term not exceeding 12 months or to both for each illegal immigrant found at the premises (Section 55E(2), Immigration Act 1959/63).
Where an employee has been convicted of the same offence previously, the employer shall be liable to a fine of not less than RM10,000 but not more than RM60,000 or to imprisonment of 2 years or to both for each illegal immigrant found at the premises.
Where the offender is a body corporate, a member of the board of directors, a manager, a secretary or any person holding office of a manager or secretary when the offence was committed, shall be guilty of an offence and be liable to the same punishment as the body corporate (Section 55E(6), Immigration Act 1959/63).
The employer who employs or harbors the illegal workers will have to bear all expenses for removing the illegal non-citizens. The employer shall also be required to reimburse the Government of all expenses incurred in detention and maintenance of that person pending deportation.