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Law and Practice of Family Law in Malaysia, 2nd Edition

Law and Practice of Family Law in Malaysia, 2nd Edition

Author: Lee Swee Seng
Publisher: Sweet & Maxwell Malaysia
ISBN: 9786297700663
Published In: August 2025
Format: Hardback + eBook
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description

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This newly updated edition captures significant changes in family law over the past six years, offering legal professionals and advisers a comprehensive, practical, and insightful resource tailored to address today’s complex realities.

Readers will gain in-depth understanding of recent court judgments that are shaping family law in Malaysia, covering critical issues such as jurisdictional limits, law relating to children, citizenship rights, inheritance rights for illegitimate children, and disputes over religious conversion. This publication also examines how shifting family dynamics, diverse family structures, and technological advancements influence legal principles – from spousal maintenance and asset division to custody arrangements and the use of digital evidence in court. Additionally, it explores emerging areas like the impact of the use of reproductive technologies, surrogacy, and the complex legal challenges posed by digital communication.

This book offers readers the most up-to-date legal developments and case analyses, ensuring they stay well-informed. Authored by seasoned legal experts, it also benefits from the distinguished oversight of two eminent judges with deep knowledge of family law, adding exceptional credibility and depth to the content.

To align with international best practices, a new chapter on collaborative law has been introduced. This approach focuses on minimizing conflict and prioritizing the best interests of all parties involved – especially children – in the resolution of family conflicts, further enhancing the publication’s relevance and value.

Key Features

•Offers comprehensive and practical content for family law practitioners.

•Substantially improved with deeper analyses and discussion.

•Fully updated with key landmark cases and the latest legislative developments from both domestic and international jurisdictions.

•Balances legal theory with real-world application for practitioners at all levels.

•Features practical insights from a team of experienced family law experts.

•Illuminates the difficult areas of family law practice, such as ancillary reliefs, impact of technological advancements, child custody, welfare, and related legal issues.

•Includes one new chapter discussing collaborative law

Table of Contents

•An Overview of Family Law in Malaysia

•Role of Family Courts in Malaysia

•Dissolution of Marriage: Jurisdiction and Forum

•Ancillary Relief: Orders That Can Be Made

•Ancillary Relief: The Law

•Ancillary Relief: Rules and Procedure

•Marital Agreements: Pre-Nuptial and Post-Nuptial Agreements

•Variation of Maintenance

•Trusts and Divorce

•Law Relating to Children

•Practice and Procedure in Relation to Children

•Domestic Violence

•Injunctive Relief in Matrimonial Proceedings

•Costs

•Mediation in Matrimonial Disputes

•Conflict of Laws in Family Issues

•Overview of Matrimonial Proceedings in Other Jurisdictions

•An Overview of Syariah Law in Family Matters

•Collaborative Law

•Appendix

General Editors

•Lee Swee Seng (Judge of the Federal Court)

•Evrol Mariette Peters (Judge of the High Court)

•A team of expert contributors