Foreigner divorcing Malay wife: Child custody and maintenance

505 Views  ⚫  Asked 3 Years Ago
asked on Apr 29, 2018 at 21:52
edited on May 6, 2018 at 18:16
I am glad to have come across this web resources as my "case" is quite of a complex situation. So I need expert advice.

Here is my situation:
- Dutch citizen legally Married to a Malay woman for the past three years
- We have a son together (he is two years old)

That is the general picture, now here starts the complexity:
- I plan to divorce and return to my home country
- My wife will most certainly stay in Malaysia

- How long the divorce procedure take?
- How visitation right is usually split in international divorce cases? Can I take my son back home for holidays (he holds a Dutch passport, he is not yet registered as a Malaysian citizen)
- Could she take my son away of Malaysia without my knowledge?
- What will be a reasonable child support maintenance monthly fee? My salary is around RM 17,000 monthly, my wife is not working at the moment..

Thank you for your replies.
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2 Answers

answered on Apr 30, 2018 at 00:42
edited May 6, 2018 at 18:29
Personal views, non legal, non intrusive.

1.  Have already answered what is possibly to your ex wife to be. Read there.

2.  This forum touches on civil marriages, unless some kind syariah lawyers wishes to dispense free advice.

3.  Since she is not working, her maintenance claimed would be the same as the same standard as before divorce. And her syariah lawyer would advise her to claim up to 50% of your disposable income including assets.

4.  Child Custody may take years to resolve. It depends on your age and her age now.

5.  You speak of visitation rights, it means she gets Full Custody, which means that your child name can be changed later upon her next marriage subject to Syariah Laws. When you come back next few years, can you locate them again? Or if you bring your child to Holland and hide the child, can she find the child again?

How old are you, she?

Promises made even in court can be broken starting another round or rounds of lawsuits. The complexity of your case being foreigner and that you are a Muslim now.. Is like crawling up a mountain.

The child is also a Malaysian. He can hold dual nationality till 21 years old of which he has to renounce one nationality by Malaysian Constitutional Laws.

My simple advice is do not divorce. Again I ask, what is your age. Remember, a sword has two sharp edges, what is written here, she is reading too.
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answered on Apr 30, 2018 at 09:47
edited May 6, 2018 at 18:30
Thank you for the first answers.

My wife will certainly agrees to a joint petition for the best of our mutual interests and those of our child.

1. It must be someone else...

2. OK

3. I was told to see something at around RM 2,000 monthly

4. I was told a joint-petition would only take a couple of months maximum

5. She agrees that my son visits me in Europe whenever possible

We are slightly above 30's.

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