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Patience
Patience, Internet Researcher
Category: General
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Experience:  MA Clinical Psychology; BS Health Sciences
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Hi,Im married to my wife in Dec 2012 and I have moved

Resolved Question:

Hi,
I'm married to my wife in Dec 2012 and I have moved out from home(under my sole name) in Oct 2013 and living with another woman. My wife and I agree that we made a mistake and got married. She agreed to go for a divorce. But in March 2014, she file for judicial separation alleging that I have committed adultery. I rejected and proposed to go for divorce instead. She is now asking for $100k as damages and $70k from the property I owned. My wife also named the woman I living with now as co respondent and asking for $100k damages too. My wife and I earning the same amount and she has her own apartment which has the same value as mine. By looking at our short marriage(10 months, the time I moved out) can she get that much from me?my wife got copies of my emails to my partner and use that as proof of my adultery. Will she gets damages from my partner too? My wife always work late and never care for the house and I. At times we didn't intimate for 2 months. She proposed to get married because her age 32 which is older than me by 2 years. Thank you.
Submitted: 2 years ago.
Category: General
Expert:  Nicola-mod replied 2 years ago.
Hello,
I am a moderator for this topic. Please could you let me know which country you are in, so that I can put this into the correct category?
Thank you very much,
Nicola
Customer: replied 2 years ago.
Hi Nicole , I'm from Malaysia
Expert:  Nicola-mod replied 2 years ago.
Hello,
Thank you for contacting JustAnswer.co.uk.
It was brought to our attention that you asked a legal question about Malaysia, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.
Alright. Then I will keep my question open
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you. I will transfer this to General for you now.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Thank you Nicola
Expert:  Patience replied 2 years ago.

Hello-


My name is ***** ***** I have done the research to ansqwer your question. See below. Please rate my response so that I can be credited for the research time. After that, please feel free to ask any follow up questions, to which I will respond at not extra charge. I am happy to be of help, and I wish you the best of luck.


You need a lawyer, definitely. But you should have some time to get one since in order to divorce, you need to have been married for at least 2 years, which won’t be until this December, right? A petition for divorce may NOT be filed within the first 2 years of marriage, unless leave of the Court is obtained in cases of exceptional circumstances or hardship to the petitioner. You can look for a lawyer at:

http://www.malaysianbar.org.my/find_a_law_firms_areas_of_practice/divorce_family_law.html

or

http://www.hg.org/law-firms/divorce/malaysia.html


The break down of the marriage can be charged as based on the fact that the other party has committed adultery, and if the petition is presented under the ground of adultery under section 58 of the Act the Petitioner (your wife in this case) can add the adulteress as a co-respondent and can also claim for damages for adultery. The Court has the power to award these damages.


Under section 76 of the Act, the Court is also empowered to divide properties that were acquired during the marriage. In such cases, the Court tends to award equal shares to each person. This is regardless of current earnings. Rather, it is based on what you had when you were together.

If the property was mostly acquired by the sole effort of one person, however, the court may divide the property as it thinks reasonable, with the party who amassed the assets receiving a greater proportion. But it is up to the Court to decide on that, and the Court will consider the extent of the contribution made by your wife for the welfare of your household, e.g. keeping the house clean, cooking and generally, looking after and caring for the family.

Therefore, both parties to the divorce will be expected to provide relevant documentation and present witnesses or give evidence to support their respective cases. That's why getting a lawyer is so important!

You might want to check out The Malaysian Law Discussion Forum for further advice and support: http://www.lawyerment.com.my/boards/topic-Malaysia_Marriage_Divorce_Law-0.htm

Patience, Internet Researcher
Category: General
Satisfied Customers: 291
Experience: MA Clinical Psychology; BS Health Sciences
Patience and 32 other General Specialists are ready to help you
Customer: replied 2 years ago.
Hi patience ,

Thank you for your answer. The apartment I bought was 2 years before I met my wife. And it's not during our marriage. Can she get a portion of that if she could prove of adultery? What type of damages a co respondent might need to pay?
Expert:  Patience replied 2 years ago.

According to the law, the misconduct of adultery could be used as a factor in deciding issues such as property division. In addition, the Court still may divide your assets owned before marriage with your spouse if she shows that she substantially improved it during the marriage or by joint efforts with you.

Outcomes seem to vary quite a bit. For a more extensive answer to your particular questions, perhaps you could try Legal in Malaysia, which is a legal consultation blog where many questions are answered about divorce, among other things, at:


http://legal-malaysia.blogspot.com/2009/03/email-question-family-law-divorce.html

Good luck to you in this problematic situation.

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