Civil Litigation
Civil Litigation
Our experienced lawyers handle a wide range of civil litigation matters in Malaysia. From contract disputes to property litigation, we offer strategic legal solutions. We are dedicated to resolving disputes efficiently, whether through negotiation, mediation, or court proceedings, protecting your interests at every step.
Offer personalized advice, strong representation, and skilled negotiation.
At Chris & Partners Advocates & Solicitors, our energetic and dedicated dispute resolution and litigation team is always ready to protect your interests in both civil and commercial cases. We focus on careful preparation, quick action, and practical solutions tailored to your needs.
Whether you’re an individual, SME, or Public Listed Company, we offer personalized advice, strong representation, and skilled negotiation.
With over a decade of experience, we handle a wide range of litigation matters, including:
01.
Pre-Court Strategic Planning
02.
Debt Recovery & Fraud Cases
03.
Bankruptcy & Insolvency
04.
Corporate & Commercial Disputes
05.
Construction Law
06.
Employment Law
07.
Defamation
08.
Consumer Protection
FAQs
1. Which court hears non-Muslim divorce petitions?
The High Court (Family Division) having jurisdiction where the spouses last resided together, under s 48 Law Reform (Marriage & Divorce) Act 1976 (LRA).
2. What grounds establish an “irretrievable breakdown”?
Adultery, unreasonable behaviour, two-year desertion, two-year separation with mutual consent or five-year separation without consent, plus unilateral conversion to Islam.
3. Is there a mandatory “cooling-off” reconciliation step?
Yes. Couples married less than two years must attend a JPN reconciliation tribunal before filing.
4. What is the difference between a joint and a single petition?
A joint petition requires both spouses’ agreement (marriage ≥2 years); a single petition proceeds on proof of a matrimonial-fault ground.
5. How are divorce papers served?
Under Order 10 Rules of Court; if personal service fails, substituted service (newspaper, e-mail, WhatsApp) can be ordered.
6. Can the court order interim maintenance?
Yes—s 102 LRA allows maintenance for a spouse pending the suit.
7. What governs child custody?
Section 88(2) LRA, revised in 2024, codifies the “welfare paramount” rule and instructs judges to consider the child’s wishes if aged seven or above.
8. How are maintenance orders enforced?
The payee may seek an attachment of earnings order (s 132) or levy distress on property (s 133).
9. May a maintenance order be varied later?
Yes, if there is a material change in circumstances (s 96).
10. How does the court divide matrimonial property?
Section 76 lets the court order an equitable division of assets acquired by joint effort.
11. What was the 2023 amendment about property division?
It introduced a rebuttable 50-50 starting point for assets accumulated by joint effort during the marriage.
12. Are matrimonial debts considered?
Yes—the court adjusts shares to reflect which spouse bore particular debts.
13. Are prenuptial agreements binding?
They are not strictly binding but will be given persuasive weight if freely entered and fair.
14. What are the grounds for annulment rather than divorce?
Void or voidable marriages under ss 69-75 (e.g., prohibited degrees, incapacity, lack of valid consent).
15. Will Malaysia recognise a foreign divorce?
Yes if granted by a court with jurisdiction and at least one spouse was domiciled or habitually resident in that country (s 107).
16. How does unilateral conversion to Islam affect marriage?
The non-converting spouse may petition for divorce within three months under s 51.
17. Can a spouse obtain protection from domestic violence during divorce?
Yes. The Domestic Violence Act allows an interim protection order alongside the matrimonial suit.
18. What if one parent wants to relocate overseas with the child?
They must obtain the High Court’s leave; the welfare test applies and the other parent’s contact rights must be addressed.
19. Are separation deeds recognised?
Yes. The court may incorporate the terms into a consent order under s 52.
20. Can the court divide Employees Provident Fund savings?
Yes, under EPF Act 1991 s 54(7) the court can order a transfer of a specified portion to the other spouse’s account.
21. In which language may cause papers be filed?
The Federal Court held in Robinder Singh v Jasminder Kaur [2024] that English-only filings are acceptable until an official Bahasa translation of the Matrimonial Rules is gazetted.
22. How much are the filing fees?
Roughly RM 150 for the petition plus RM 16 per exhibit under the First Schedule to the Rules of Court.
23. What is the appeal timeline?
A dissatisfied party must file a notice of appeal within 30 days; any further appeal to the Federal Court requires leave.
24. How does Malaysia deal with international child abduction?
Malaysia acceded to the Hague Convention in 2024; applications for a child’s return are lodged in the High Court and heard on an expedited basis.
25. Is e-filing available for matrimonial cases?
Yes. Since January 2024, all High Courts accept full e-filing with digital signatures under the Digital Signature Act 1997.
26. Are ancillary-relief documents kept confidential?
Order 32 rule 2 empowers the court to seal documents relating to maintenance and property division.
27. Can spouses sue each other in tort while still married?
Yes. The inter-spousal immunity was abolished; assault or intentional infliction of emotional distress claims may proceed separately.
28. Does the court encourage alternative dispute resolution?
Practice Direction 2/2023 mandates early referral to court-annexed mediation; settlements may be recorded as a judgment.
29. How are maintenance orders enforced abroad?
The Reciprocal Enforcement of Maintenance Orders Act 1958 enables registration and enforcement of Malaysian orders in Commonwealth jurisdictions.
30. Who usually pays the legal costs?
Costs follow the event; unreasonable refusal of a sensible settlement offer can swing the costs discretion against that party.