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Original Documents required for Divorce Proceedings
49 Views  ⚫  Asked 4 Years Ago
asked on May 4, 2012 at 08:57
by   Abandoned by Husband
Hi.. I hope some experienced good lawyers could advise me. Is it necessary to provide my lawyer all the original documents of Marriage Cert & Child's Birth Certificate(Original) for lawyer's safekeeping even before he draft the Divorce documents? He has not even started to appeal / even draft the Divorce proceeding documents, and he has started asking to safe-keep my child's original Birth Certificate.  He insists to keep the original copy, eventhough the divorce case is relatively still very premature as the Court Hearing will only take 3 to 4 months to come. And He is not accepting photocopy. How can I give my child's original birth certificate to him for few months.

His office is very messy with files all over the place. And he's not having anyone working for him to file / even a litigation clerk for that matter. What if he lost my child's birth cert?  Please advise, is it necessary for him to take the original birth cert at such an early stage just to file it into the file and it does not serve any purpose?  I don't see the neccessity of him keeping my document.  Despite of me telling him that I will give the original birth cert to him once I has received the Court Hearing date, he said that I am giving him a hard time and it's difficult for him to work with me.

What I am afraid is that my husband threaten him and ask for documents from me. So I am reluctant to provide him the original cert at this early juncture.  Please advise. Thanks.
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answered on May 4, 2012 at 13:37
by   vkpc
No lawyer should keep your kid's original birth cert, even for 1 day.
Change to another lawyer.
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answered on May 4, 2012 at 13:39
by   vkpc
Also don't let anybody keep your original marriage cert.
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answered on May 4, 2012 at 17:20
by   etml
Thank you vkpc... I strongly agree with you, as I felt very uncomfortable the moment he tried to fight and defend himself on the phone insisting that I have to give him my child's original birth cert. He refused to accept photocopy. He said he will keep it for few months inside his legal file until the divorce is done. So I believed he is taking illegal money from my husband to give him the docs? His office is so messy with only him alone working.. Legal files are seen strewn everywhere from tables to the floor. If the docs get missing, who is responsible?

I told him that I am unable to compromise with him for having to keep my daughter's original birth certificate. So now he says he want to drop the case and not pursue with my divorce proceedings anymore. Because when I asked him to provide me with an official Letter to inform me of passing the original documents to him as such, with an acknowledgement by him - Guess what?  He refused to issue that letter, he even ignore discussing the issue. What I am afraid is that my husband must have threatened him to take all original docs from me so that he could quickly get away of everything including my little girl.

Please advise me further vkpc. This same lawyer is also doing the House Redemption for me, as I had paid initial RM20,000 with my EPF savings which I have proof and payment receipts for this downpayment. Husband has agreed to return this 20,000 with the Sale of apartment. But again, this lawyer insists to keep my Original S&P, Deed of Assignment & Bank Housing Loan Agreement (all originals). Is it okay to pass to him. But still, he's dealing this unprofessionally. He is not giving me a letter to acknowledge that he's taking the original docs of the property.

Thanks a lot for your kind advise. Greatly appreciate.
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answered on May 4, 2012 at 18:49
by   vkpc
But again, this lawyer insists to keep my Original S&P, Deed of Assignment & Bank Housing Loan Agreement (all originals). Is it okay to pass to him.
If you already lost confidence in this lawyer, you should not pass him anything without black and white.

I didn't know it was you because you changed your nickname.
I don't want to advise you because you are too full of venom and hatred.
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answered on May 4, 2012 at 23:49
by   nickname
hi. i am foreign woman married to malaysian indian. my son is 11 month old and still not registered.
we decided to divorce and my husband wants to go to court for the custody for our son.
i went through all the websites to try to find this information but didnt find any similar case.
my question is:
may i DO NOT add father's name into birth certificate being married to local?
i do not want my son have malaysian citizenship. and i dont care if father column in BC will be blank.
please help as i'm about to loose the custody.
thank you
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answered on May 6, 2012 at 04:24
by   ladyAnn
Go find [name removed] advocates([name removed]) will help u, if u r at Kuala lumpur.
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answered on May 8, 2012 at 11:57
by   etml
vkpc, Sorry?  Why did you said that towards me, when we registered thru this legal advise, is to seek legal advise and not being victimised by unwelcoming comments like this?  Full of Venom & hatred? I believed if you are in my shoes, you could be more furious than me. Having wasted the one month with one lawyer who know nuts about his work, but act smart as if he knows everything, giving me wrong advise which almost landed me in hot soup, and very unprofessional. Who will not be angry?
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