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 engagement = married status in Malaysia Law, seeking advice

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yahiko
post Jan 2 2014, 04:18 PM

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QUOTE(yong88 @ Jan 1 2014, 10:35 AM)
thx for replied, but in my fren case, is a non islamic method,
and he already obtain some sort of sijil (Daftar Perkahwinan) from JPN,
so does this means his status already become married in Malaysia LAw?
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if less than 2 year u can divorce without the status divorce.. ( which mean u can get back your single status back in JPN record.)

after 2 year , your status become divorce in JPN record
samlee860407
post Jan 3 2014, 06:52 AM

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your friend are not engage, he is married

that paper you post, the paper he sign is the official one. more big than those stupid sisters game, drink tea ceremony, wedding dinner shitz
shykull
post Jan 3 2014, 11:07 AM

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Your friend is married la. That is a Civil Marriage Cert. Meaning they are considered a legally married couple. It does not matter if they didn't went through the religious/cultural ceremony.

So if they want to part ways, then they need to get a civil divorce. They need a lawyer for that.
TSyong88
post Jan 4 2014, 11:41 AM

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Thanks for all replied...so i can conclude and say that...wish him luck if want divorce...
Baby1985
post Jan 4 2014, 02:28 PM

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Gosh man, how ur fren sign tat thg without knowing what was that paper for?


blueblueoutofblue
post Jan 4 2014, 03:59 PM

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QUOTE(yong88 @ Jan 1 2014, 10:49 AM)
oh...god...things get complicated..
so let's say,they want to break up due to some issues,
does it means need to go thru the divorce procedure ? means hire lawyer..wait until the court issue certificate of divorce..things like that...
btw, they do not have children or property, and only 25 years old..
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he "was" legally married.

There are easy way to get divorce.

Below is the example :

DIVORCE BY MUTUAL CONSENT (JOINT PETITION)

Both parties to the marriage can jointly file a divorce where they can mutually agree to divorce. To be eligible for the application, the couples must have been married for at least two (2) years at the time the petition for divorce is filed, unless approved by the court. By a joint petition, both parties can freely decide to the maintenance for wife & children, custody and care of the children, division of matrimonial assets.
DIVORCE WITHOUT MUTUAL CONSENT (UNILATERAL PETITION)

Either party to a marriage may file a petition to divorce without consent of the other party, on the ground that the marriage has broken down. The break down of the marriage can be grounded one of the reasons as follows:

1) that the other party has committed adultery;
2) that the other party has behaved in such a way that it cannot reasonably be expected to live together;
3) that the other party has deserted for a continuous period of at least 2 years; OR
4) that the parties to the marriage have lived apart for a continuous period of at least 2 years.

SOs For who want divorce

and

from our very own /K K Sos

This post has been edited by blueblueoutofblue: Jan 4 2014, 04:02 PM
pkh
post Jan 4 2014, 04:28 PM

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WTF! Your friend didn't know he was married? It's like a Ross-and-Rachel situation.

Here's what I hate about some traditional Chinese interpretation on marriage. When you sign the paper in JPN, you ARE legally married. But then, the old people say it's just an engagement. After a few months or years, you had a traditional wedding ceremony where the dude dresses up in smart coat, the chick wears a gown and a bunch bros and sis tag along. Then you have a tea ceremony with the elders. And only then, the Chinese people said that you are married ... but in reality, that couple is already legally married for months.
TSyong88
post Jan 4 2014, 04:35 PM

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QUOTE(pkh @ Jan 4 2014, 04:28 PM)
WTF! Your friend didn't know he was married? It's like a Ross-and-Rachel situation.

Here's what I hate about some traditional Chinese interpretation on marriage. When you sign the paper in JPN, you ARE legally married. But then, the old people say it's just an engagement. After a few months or years, you had a traditional wedding ceremony where the dude dresses up in smart coat, the chick wears a gown and a bunch bros and sis tag along. Then you have a tea ceremony with the elders. And only then, the Chinese people said that you are married ... but in reality, that couple is already legally married for months.
*
exactly what u said.. u got the point...my fren totally in this situation...my god...25 years old...already "legally" married for almost 3 years...somemore he thought he still in "engagement" mode....what a joke...
TSyong88
post Jan 4 2014, 04:38 PM

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QUOTE(Baby1985 @ Jan 4 2014, 02:28 PM)
Gosh man, how ur fren sign tat thg without knowing what was that paper for?
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only one word can describe : "STUPID"...or too love at the 1st place, give some stupid promises...

victorywp
post Jan 4 2014, 05:02 PM

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i don't blame ts or his friend for being ignorant about the married status.
there are many people (especially chinese) who misunderstood this matter too.
for them, as long as they have not held their wedding dinner, they don't call themselves as married (although they already signed the marriage registration certificate).
i used to have colleagues who already registered their marriage but have not held their wedding dinner.
thus, they always introduce each other to people around as bf/gf.
after 5 years, they held their wedding dinner and then only start to introduce to people as husband/wife.
funny...
wilstroth
post Jan 8 2014, 09:57 PM

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I just don't understand :
1. Why people chose to be so ignorant about signing the marriage paper with JPN and thinking is engagement?

2. Why people still regard registration is less important than tea ceremony?

One you and your partner sign that marriage paper, you are legally married to each other.

To divorce, you need to wait at least three years from the date you register:
- Divorce have two categories:
1. Both mutually consenting to divorce, the process is just three months
2. If one party wants divorce, you will be asked to go counseling and go to court for dispute.

Seriously, everyday, roughly on average there's about 30 couples divorcing in Penang.

Good luck...

This post has been edited by wilstroth: Jan 8 2014, 09:58 PM
wilstroth
post Jan 8 2014, 10:01 PM

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QUOTE(samlee860407 @ Jan 3 2014, 06:52 AM)
your friend are not engage, he is married

that paper you post, the paper he sign is the official one. more big than those stupid sisters game,  drink tea ceremony, wedding dinner shitz
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Totally agreed! Plus if he has property, than the wife can fight for it Liao...

Hope he see the effects ...

This post has been edited by wilstroth: Jan 8 2014, 10:02 PM
pej1990
post Mar 3 2014, 11:24 AM

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QUOTE(yong88 @ Jan 4 2014, 04:38 PM)
only one word can describe : "STUPID"...or too love at the 1st place, give some stupid promises...
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The girl you are talking about also give you some stupid promises and you too love her at the first place,bro please wake up and they are going to make a new marriage cert already
arepit
post Mar 3 2014, 11:29 AM

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QUOTE(davinz18 @ Jan 1 2014, 03:27 PM)
Sijil Daftar Perkahwinan = Marriage Certificate 

JPN (Jabatan Pendaftaran Negara) = National Registration Department
TS u failed your BM in SPM izzit?
*
y u marah dia?
shenonymous
post Mar 3 2014, 11:59 AM

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TS, it seems like ur friend is legally married, as it has been registered in the JPN.

Under the Malaysian law, u cant file for divorce within 2 yrs from the date of marriage without first obtaining a special permission (from Courts). To get the special permission, u need to show some special circumstances and its not readily given to anyone.

Once the 2 yrs period has lapsed, u can file for divorce. Theres two types, joint petition and single petition.

Joint petition - uncontested. Basically, both parties agree to divorce, can mutually agree on division of properties, maintenance etc. Less hassle if his wife is not hostile.

single petition - contested. Both parties will have to fight for the division of property.

Bearing in mind, under the law both parties are required to go for mandatory counseling before they can file a divorce petition.

My advice is to go and set up a meeting with a lawyer and proceed from there.
loui
post Mar 3 2014, 12:14 PM

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https://forum.lowyat.net/topic/3146950

pej1990
post Mar 3 2014, 08:16 PM

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QUOTE(loui @ Mar 3 2014, 12:14 PM)
At first so happy n on cloud nine celebrating his success n within one month regretting suffering who ask him play ppl marriage wish him good luck
pej1990
post Mar 4 2014, 01:17 PM

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QUOTE(shenonymous @ Mar 3 2014, 11:59 AM)
TS, it seems like ur friend is legally married, as it has been registered in the JPN.

Under the Malaysian law, u cant file for divorce within 2 yrs from the date of marriage without first obtaining a special permission (from Courts). To get the special permission, u need to show some special circumstances and its not readily given to anyone.

Once the 2 yrs period has lapsed, u can file for divorce. Theres two types, joint petition and single petition.

Joint petition - uncontested. Basically, both parties agree to divorce, can mutually agree on division of properties, maintenance etc. Less hassle if his wife is not hostile.

single petition - contested. Both parties will have to fight for the division of property.

Bearing in mind, under the law both parties are required to go for mandatory counseling before they can file a divorce petition.

My advice is to go and set up a meeting with a lawyer and proceed from there.
*
https://forum.lowyat.net/topic/3146950

pity him
shenonymous
post Mar 4 2014, 02:29 PM

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QUOTE(pej1990 @ Mar 4 2014, 01:17 PM)
dammmn. kesian.
pej1990
post Mar 4 2014, 02:39 PM

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QUOTE(shenonymous @ Mar 4 2014, 02:29 PM)
dammmn. kesian.
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so happy here and call ppl stupid then this happened haiz why ts no think more

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