Family Law
Masha Sylverster & Co advises and represents clients in a wide range of family law matters, providing clear legal guidance during periods that are often sensitive and emotionally challenging.
Our approach is measured, discreet, and focused on practical outcomes that protect our clients' interests while minimising unnecessary conflict.
Discreet Representation in Family Matters
Our family law practice covers both contested and uncontested matters, including divorce, custody, maintenance, and the division of matrimonial assets.
We recognise that family disputes often involve personal, financial, and long-term considerations. Our role is to provide calm, objective advice and guide clients through each stage of the legal process with clarity and care.
Family Law Matters We Advise On
Divorce & Separation
Advice and representation in contested and uncontested divorce proceedings, judicial separation, and related applications.
Custody, Access & Maintenance
Matters involving child custody and access, spousal maintenance, and child maintenance arrangements.
Matrimonial Assets & Financial Matters
Advice on the division of matrimonial property and financial interests following separation or divorce.
Injunctions & Interim Relief
Applications for interim orders, injunctions, and urgent relief where immediate protection or restraint is required.
Advisory & Settlement Negotiations
Legal advice and representation in negotiations, mediation, and settlement discussions aimed at resolving disputes amicably.
Sensitivity, Clarity, and Practical Resolution
Family law matters require more than technical legal knowledge. They require sensitivity, discretion, and an understanding of the personal circumstances involved.
We aim to resolve disputes in a way that is proportionate and constructive, while remaining prepared to act decisively where litigation is necessary to protect our clients' interests.
Frequently Asked Questions — Family Law in Malaysia
How long does a divorce take in Malaysia?
An uncontested divorce (joint petition) typically takes 3–6 months from filing to decree absolute. A contested divorce — where parties dispute custody, maintenance, or the division of matrimonial assets — can take 1–3 years depending on the complexity of the issues involved.
How is child custody decided under Malaysian law?
Malaysian courts apply the Guardianship of Infants Act 1961, with the welfare and best interests of the child as the paramount consideration. Courts assess the child's age, existing bonds with each parent, stability of the home environment, and the child's own wishes where appropriate.
Can I get a court order to protect matrimonial assets before a divorce?
Yes. An interim injunction can be obtained under the Law Reform (Marriage and Divorce) Act 1976 to prevent a spouse from dissipating, transferring, or disposing of matrimonial assets while divorce proceedings are ongoing. An application must be supported by evidence of a real risk of asset disposal.
What is the difference between contested and uncontested divorce in Malaysia?
An uncontested divorce (joint petition) occurs when both parties agree to the divorce and to all ancillary matters such as custody and asset division. A contested divorce is filed by one party where disputes exist over the grounds for divorce or its terms. Uncontested divorces are significantly faster and less costly.
Do both parties need to attend court for a divorce in Malaysia?
For a joint petition, both parties typically attend at least one court hearing. In a contested divorce, both parties or their legal representatives must attend hearings as required. The number of court attendances depends on the complexity of the matter and the issues in dispute.