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Do You Have the Financial Means to File for Divorce?

August 5, 2019Lawyer

There are some countries that will allow you to ‘untie’ the knot so to speak. This is a good decision, especially if you and your partner are no longer in love with each other. Some people go on to live their lives under one roof, albeit with flying pots and pans.

In Malaysia, there are different avenues depending on the religion that you and your partner is practicing. For non-Muslim partners, your divorce will be run through a family court and it will be governed by civil laws. For Muslim partners, however, you are going to be governed by the Syariah law.

There are so many horror stories that revolve around Muslim women trying to file for divorce, and that has something to do with the exorbitant fees that divorce attorneys charge them.

Multiple Myths

The people who I am going to mention in this article are given nicknames to help protect their identities. The first Muslim woman to come up is Pial. She filed for divorce because it has become unbearable for her to live with her husband and she actually won the case.

However, her victory was short-lived because her husband was able to file an appeal in court, thus effectively nullifying the judge’s decision until the case is reopened. Pial recounted that she was emotionally and financially drained. She also added that you need to be able to spend a lot of money for an attorney because if not, her husband is going to win the case.

In addition, the Syariah Court has given her a lot of burdens since she will have to open up four cases for an appeal for the divorce, child maintenance, custody of her children, and visitation rights. Take note that she has to pay for them separately which means that it could drain all of her finances.

Sarina also finds it hard to file for divorce. She has done her research and apparently, you do not need a lawyer to file for divorce. Although that is true, that is not really recommended unless you know the laws of the country.

Even if she didn’t pay for an attorney, she would have to go up and down the courts, costing her money for transportation and the forms that are required to be filled up.

Lastly, Noor wanted to end his marriage with her husband because of difficulty living together. Her husband, much to no one’s surprise, made it hard for her to gain custody of their children, as well as making it hard for her to win the divorce case.

What the Lawyers Say

Although true, attorneys can actually be quite expensive, especially if you are trying to win a divorce case, but that is actually not true for all of the cases. Muhammad Nur Hanz Roslan, a Syariah Lawyer, said that during the initial consultation, it is usually given for free. At this time, the lawyer will be able to plot a suitable course of action for their clients, allowing them to brace for any fees that they need to pay up.