Eldercare and Elder Law in the Modern Age

 Elder Law

Growing old gracefully and happily is a desire and aim for many if not all of us. One may be single, divorced, cohabiting, with a spouse, with children or otherwise living with pets one views as furry family members. Although nothing in life is guaranteed, with some careful and meticulous planning one can have a comfortable and secure experience of one’s golden years.

What is Elder Law?

The Age of Majority only defines when a person attains adulthood, which is 18, whereas the Minimum Retirement Age Act 2012 which was gazetted and came into force on 01.07.2013, only sets the minimum retirement age of a private sector employee, at 60 years of age. By the next two decades, it could well be the case that Malaysia will be a silver population with almost 20% of the citizenry being in their golden years.  We see that the elderly are defined as aged persons in the Private Aged Healthcare Facilities and Services Act 2018 to mean those persons who are 60 years of age and above.  

Elder Law thus encompasses any and all areas of law that is angled specifically to the legal and physical protection needs of the elderly or as we say in Malaysia, our warga emas. As a simplification, elder law would cover a myriad of legal issues that people will invariably face as they age, especially with health, housing, financial well-being and long- term care.

There are legal documents and instruments that assist in planning out one’s elder experience. Instruments that come into discussion here are Wills and testaments, codicils that seek to amend the former, trust deeds and instruments, POA and medical POA, Living Wills, Do-Not-Resuscitate (DNR) instructions, tertiary instructions for guardians and caregivers during the period when advanced care becomes necessary.

Eldercare protection of rights, confidential estate and succession planning, deciding how one would want one’s assets both real and personal to be managed and later parcelled out to loved ones, are critical in order to ensure that one’s needs, wishes and feelings are protected, with the goal to enjoy a peaceful and dignified life in the golden years. Heaven forbid one be left to fend for one’s self during this most vulnerable stage of life.

Knowing your rights and being able to defend against incompetency orders, avoiding contentious probate and intestate estates with proper succession planning is a serious responsibility that one owes to one’s self, to loved ones and to next-of-kin.

Last Will and Testament

Making a Will is making sure one settles all affairs and is akin to giving celestial instructions from Beyond. Written Instructions in black and white, or video instructions in certain circumstances to deal with real and personal properties must be carried out by the testator/testatrix/maker of a lawfully executed valid Will which is made pursuant to the Wills Act 1959.

The Last Will and Testament takes effect upon the death of the testator/testatrix (the person making the Will). The wordings of the Will are vital so as to avoid contentious probate. Even if you have written a Will, any updates, revocations and additions can be done using a Codicil. A Codicil is a lawfully executed amendment to the Last Will and Testament and thus A Codicil must be lawfully executed and witnessed just as is requirement when executing aWill.

A good place to start will be to list down all real and personal properties and the beneficiaries of the said properties. Then it is good to identify at least 2 trusted executors who will be able to carry out his/her duties to seek probate for the Will and to ensure that the clauses in the Will are adhered to in full. It is best to consult a lawyer who practices succession law to ensure that the clauses reflect the actual intentions of the Testator/Testatrix clearly. At the point of executing the Will, any two witnesses who are not beneficiaries or spouses of the beneficiaries must attest to the signature of the testator/testatrix to ensure that the testator/testatrix was not coerced, pressured and/or unduly influenced in any way and that he/she/they have the lucidity and mental capacity for the Will to be valid.

Living Will

Complications arise in situations where something happens which results in one surviving an event but becoming unable to make any decisions independently or to take any action pertaining to their own needs, wishes and feelings? This is most common when one is suffering from mental incapacity or in a persistent vegetative state. Being helpless and at the mercy of others would be the foregone conclusion of how this person’s story would end.

Thus to avoid this event horizon, one must make preparations for any and all eventualities and prepare written directions and/or instructions for one’s medical and caregiving needs. The written directions and/or instructions are popularly known as a Living Will. Although in Malaysia there is an absence of a legal framework to enforce a Living Will, an advance directive would cover situations where the effect of a living will is required, and advance directives can be complied with by the next-of-kin rather than having them struggle to make difficult decisions. A Living Will is an advanced directive that takes effect when a certain event takes place, where one is incapacitated and unable to be independent. The individual can state his/her specific healthcare wishes, care arrangements, the treatment he/she wants to have and even DNR instructions. 

In terms of enforcement of Living Wills aka advanced directives, there are other avenues in which an individual will be able to ensure that his/her desires are carried out for which your Counsel would be able to advise you, dear Reader.

Power of Attorney (POA)

In Malaysia, instead of a Living Will in Malaysia, one can also opt to have a POA to state the provisions and directives for the trusted person vested with the power to act, known as the agent. A POA can be general or specific, conferring the power to act to the agent upon an event happening to the individual. The POA can also be drafted with limited scope to cover a certain issue or subject matter, and within a stated timeframe. For enforceability, the POA is lodged with the Malaysian Courts. A POA does not override a Will as it ceases to be effective upon the death of the individual who issued the POA.

Trust Deed Instruments

A Trust Deed is an instrument where the individual authorises a Trustee to manage his/her assets for the sake of Beneficiaries or sets out detailed terms and instructions on how said assets are to be managed and divided. This includes dealings on real and personal, movable and immovable properties. Unlike a Will, Trusts comes into effect immediately during the lifetime of the individual. A Trust can continue to exist even after the death of the individual where the terms of succession in the Trust should be clearly spelt out.

Conclusion.

Having some planning for the future somewhat mitigates the practical challenges that loved ones have to experience. The emotional upheaval of watching their loved ones age and become frail will be heavy enough for them. Protect yourself and your loved ones. Do find Succession lawyers from the Malaysian Bar Directory and get things started to get your affairs in order, whatever your age. You see, succession planning is important at any age. 

This elder law note is a very brief and basic commentary, and is not to be taken as legal advice. 

We suggest that you find a lawyer you can connect with and whose fees are suitable to you and your budget. Do not delay with this crucial area of life-planning. All the best. 

Best regards from Anne and Melani at Messrs Varghese Yeoh and Co.

COVID-19, MCO and Malaysian Immigration Checkout Memos for Domestic Helpers (FDW)

Jabatan Imigresen Selangor Memorandum Periksa Keluar/Selangor Immigration Checkout Memo for Domestic Helpers (FDW) and COVID-19 testing.

This brief note is for all of us Selangor denizens who are wondering what to do and where to go to get the Exit Memo (or rather, Checkout Memo), now that your domestic helper's contract is coming to an end and arrangements for returning home need to be made. This applies only if you send your FDW home in time before/as their visa expires at the end of their employment. 

We observed that Malaysian Immigration is still operating and their FDW services are still operating as usual.  Thus, bear in mind that there are administrative penalties (blacklists, fines, and jail time) for overstaying in Malaysia and the "sorry, MCO" excuse cannot be utilised as of right.  After you have done the Checkout Memo, in the event a total MCO lockdown happens in 2021 and/or the return flight is cancelled (either of which is hopefully not going to happen) we note that Immigration has so far given a grace period of 14 days after the end of the last 2020 MCO and the current MCO for the FDW to exit without having to redo their Exit Memo. 

Before Departure

So now, make your way to Jabatan Imigresen Selangor at Kompleks PKNS at Persiaran Tasik, Section 14, 40000 Shah Alam, Selangor.  Take the Lift to Level 2 Block E and go to the specific numbered Counter for FDWs whose visa is still valid and who has not overstayed yet due to the MCO. At present this is Counter 19-20, but the counter numbers do change. The place is labyrinthine but you'll get there as there are signages. Request for the  Memorandum Periksa Keluar/Checkout Memo to be issued. 

The Immigration Officer on Duty will request the following:

1. Photocopy of the FDW's passport pages that contain the biodata and latest visa. 

2. Photocopy of the Employer's NRID/MYKAD/Passport.

3. Flight ticket/e-ticket for the Intended Flight Date.

4. Letter of Application for the Checkout Memo.

Contents of the above letter-just state briefly that "I am the employer of Mr/Ms ABCS [Passport Number/Visa Expiry Date-copy attached] who has successfully completed their employment contract with me [Name/NRID/Passport#-copy attached] and they intend to exit Malaysia to return to their country of origin via Flight No XYZ[copy of e-ticket attached]. All their salary payments have been paid out successfully to Mr/Ms ABCS. Please proceed to issue the Memorandum Periksa Keluar/Checkout Memo in their favour. Many thanks in advance." Sign it and date it. It is up to you whether to put your contact details underneath your signature. We think it might be best to do so, but it is utterly up to you. 

5. Proof of Salary Payment.  The Immigration Officer is empowered to request, if necessary, for proof of all salaries paid to the FDW thus far. So far we have not had them ask our clients for this but you never know what can happen. Keep a pdf excel sheet of all payments made together with the salary payment confirmation slips in case this becomes necessary.

6. COVID-19 test clearance for all foreign workers

PCR or Antigen COVID-19 negative test certificate

Immigration seems not to request for the test clearance certificate for issuance of Checkout Memo, but you have to produce the test clearance certificate at the airport to get to the boarding gate as it appears to be a requirement of most if not all of the receiving countries. Nothing is stated on the Immigration website to this effect, but this is from the recorded experience of those who have recently gone through the process. 

We also note that Air Asia and MAS both do caution that passengers must have a PCR or Antigen COVID-19 negative test certificate dated not more than three days (72 hours) prior to departure. This caution is also noted on the website app of the Indonesian Health Ministry and various other health ministries of other receiving countries. In particular,  most of the regional authorities (Singapore,Thailand, Philippines, India, Bangladesh, Korea)  seem to have similar requirements currently for the COVID-19 test certificate to be dated 72 hours before departure. For some areas like Bali, Indonesia, this is reduced to 48 hours before departure! Thus, as always, things are subject to change with the COVID-19 situation in a constant state of flux, and therefore it is prudent to check with the relevant health and immigration authorities one week before departure on the processes that apply for your FDW's return to their country of origin. 

After Successful Departure

7. After the FDW has exited Malaysia successfully, inform the Manpower Department (JTK) of the successful exit. 

That was simple we know, and please be aware that procedures can be updated by Immigration from time to time. Always do the due diligence to check the Immigration website and it is really is best to google/email/telephone the relevant Immigration branch office to confirm details before you make your way there.  Please be informed as well that this Note on COVID-19, MCO and Malaysian Immigration Checkout Memos for Domestic Helpers (FDW), does not amount to legal advice. If you require professional assistance, do proceed to appoint an immigration lawyer to assist you. You can find immigration lawyers from the Malaysian Bar Council legal directory online. 

We will write another note about those FDWs and foreign work-staff who have overstayed their visa validity/passport expiry, in due course.

Stay safe. Best regards from Anne and Melani at Messrs Varghese Yeoh and Co.

Service of Court Process by Whatsapp, IG, or FB anyone?

Service of court documents via social media apps and electronic means have been sanctioned officially by amendments to the Rules of Court 2012 (ROC 2012) which came into force on 15 December 2020. 

This is great news.  

It has helped us greatly in serving documents on elusive and challenging personalities, especially when dealing with contested matters. 

For our practice, it does help when faced with serving notices and cause papers related to single petitions for divorce, contentious probate, and for debt recovery. 

We also find social media mechanisms useful for the efficient service of relevant correspondence, notices, and matters related to contentious litigation that could not otherwise be served with ease, on the opposing party. 

Of course the above is not legal advice but our commentary of the day after handling a particularly vexing case. 

Please do check with your counsel if service of documents via the above means is a mode that is applicable to your case. 

Anne & Melani @ Messrs Varghese & Co

TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020

Preliminary thoughts on the COVID-19 law gazetted today

The legislation for COVID-19 was just gazetted today after the Royal Assent a week ago on 16 October 2020.  There are 59 sections in total covering modifications to the legislation pertaining to the Public Authorities Protection Act 1948, the Insolvency Act 1967,  the Hire-Purchase Act 1991, the Consumer Protection Act 1999, the Distress Act 1951, the Housing Development (Control and Licensing) Act 1966, the Industrial Relations Act 1967, the Private Employment Agencies Act 1981, the Land Public Transport Act 2010, the Commercial Vehicles Licensing Board Act 1987, the Courts of Judicature Act 1964, the Subordinate Courts Act 1948, and the Subordinate Courts Rules Act 1955.

For now for our introductory post on this new piece of legislation, we will focus briefly on the very real issue of creditors being unable to collect their debts from shady debtors, and genuine debtors being unable to meet their obligations to settle their debts and basically needing more time to make good on their debts.  

Obligations for Inability To Pay

All obligations for inability to pay since the governmental COVID-19 restrictions started in April 2020, under contract, hire-purchase, debt-repayment, are by this legislation, put on hold until 31.12.2020 for debtors to have some breathing space in handling the prospect of debt collectors coming a-knocking to breathe down their necks. 

Creditors to give Time (For Contractual Obligations affected by COVID-19)

The Act provides that the inability of any party to perform their contractual obligations due to COVID-19 shall not give rise to the other party exercising their rights under the contract. The categories of contract include any work related to contracts for supply services, performance contracts, professional services, leases and tenancies of non-residential properties whether landed or stratified,  contracts for goods obtained under hire-purchase and credit arrangements. 

Moratorium

At first glance it appears that no creditor can sue for inability to pay, as the COVID-19 ACT 2020 extends a moratorium for debtors until 31.12.2020. Different categories of legislation modified above, have differing start and end dates for the moratorium. After a further look at the clauses of the Act, it is seen that this is only in respect of the inability to pay arising as a result of the COVID-19 pandemic. This might give a line to debt recovery options for creditors to go after shady debtors. 

As for those who bought goods under credit arrangements, the debtor who bought things on credit and cannot pay, can return the items to perhaps cancel out the debt. The question arises what happens then when these items have depreciated in value upon purchase, as the debt value would not be paid back in full by the return of the goods. 

Mediation

It must be noted that Section 7 to Section 12 seems to provide that a client may renege on the monthly professional fee due to their service provider if during the Covid period their inability to comply with payment obligations resulted from actions taken by the Government under the Prevention of Diseases Act. And it appears that the sole and only resolution to that breach as seen in Section 9, is for the parties to come to mediation and  achieve settlement. 

Is Mediation the Only Option Then? 

Failure or Success of Mediation:  if aggrieved creditors are seeking dispute resolution in respect of breach of contract for inter alia, unpaid debts, breach of hire-purchase and credit arrangements, it appears that under Section 9, their only option is binding mediation settlement. One complication though, in the event of inability to pay resulting in contract breach, if parties cannot agree and no settlement is reached, the question then arises whether reneging the contract plus failure of mediation settlement necessarily results in reference for dispute resolution to the Honourable Courts of Malaya. The COVID-19 Act cannot, in the interests of justice and equity, fully cancel out the jurisdiction of the Courts, at best what it can do, is to give debtors with a genuine inability to pay due to COVID-19 reasons, some breathing space. For all else, the Courts of Law await you and your dispute resolution processes. 

Appoint a lawyer for all your legal advisory, assistance and representation needs where your COVID-19 debt recovery options or debt defence needs are concerned. You may look at the Malaysian Bar Directory online to find lawyers in active private practice who may be the best fit for you.

Be safe in this new normal. Best regards from Messrs Varghese and Co

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Transfer of Property (with Title) by Way of Love and Affection within Kuala Lumpur

Our public service article today is about Transfer of Property (with Title) by Way of Love and Affection within Kuala Lumpur

(1) Land Search of the Property

• You will need the details of the property such as the Lot number, the title type, the title number and the Mukim where the property is situated. 
• If you don’t know where to find this, it is also on the Quit Rent bill you get every year. 
• Then go to the appropriate Land Office, fill up the forms, pay the fee to conduct a land search. 

An initial land search is helpful and necessary because: -

• you will know what is the current status of the land and whether there are any restrictions on the title, i.e. for example whether it has been caveated or whether any other encumbrances are present that will affect any dealings to the land that you may have planned. 
• Note that the land search will also indicate whether a certain land/property will need state consent before any dealings can take place. The transferor would then require to seek consent and pay the fees to the state land authority.
•  if the property has been within your family for a very long time, there is a good chance that the title that you are currently holding is an old one. 

The Land Office may then require you to apply for the extraction of a new title (Tukar Ganti Hakmilik) before any dealings on the property can take place. This procedure is free of charge at the PTGWPKL (Pejabat Tanah dan Galian Wilayah Persekutuan Kuala Lumpur) [www.ptgwp.gov.my]. The Tukar Ganti Hakmilik application would require you to fill in the current information of the property which you can obtain from the Land Search that you had done earlier. What you will need for the application:

• Details of the property
• Original Title of the property
• Recent bill and receipt/proof of payment of Quit Rent

(2) Preparation of Documents

• Forms from LHDN/Stamp Office: CKHT 1A, CKHT 2 and CKHT 3 (if applicable)
• Form from Land Office: Memorandum of Transfer (Borang 14A)

These can be prepared and executed simultaneously. What you will need for the transfer:

i) Original Title of the property (or the new Original Title you extracted)

ii) Copies of Identity Cards of parties (In full colour).

iii) Latest Bill and Receipt/Proof of Payment of Quit Rent

iv) Latest Bill and Receipt/Proof of Payment of Assessment

v) Copies of Birth Certificate and/or proof of relationship

vi) Duly prepared and executed CKHT 1A, CKHT 2A, CKHT 3 (if applicable), Borang 14A

(3) Submission of Documents to LHDN/Stamp Office

LHDN
Stamp Duty (is usually borne by Transferee/Purchasers) - It is the tax calculated on the market value of the property at the time of acquisition. Although there is 100% exemption of stamp duty for transfers between spouses and a 50% exemption for parent to child/child to parent dealings and grandparent-grandchild/grandchild-grandparent dealings, LHDN/Stamp Office will still require the forms below to be completed for their adjudication.

RPGT (usually borne by Transferor/Sellers) – Real Property Gains Tax is tax charged on gains arising from the disposal/selling of real properties. For the purposes of a transfer by way of love and affection/gift of family members stated above, there is no RPGT payable.

• The CKHT1A for the person disposing the property (Transferor).
• The CKHT 2A for the person receiving the property (Transferee).
• The CKHT 3 for a once in a lifetime exemption of RPGT for transfer of residential properties. This only applies if it is a transfer by way of love and affection/gift to others not within the family relationships stated above. 

Stamp Duty
Due to the crippling effects of Covid-19, pursuant to the National Economic Recovery Plan on 5
June 2020, the following Exemption Orders were gazetted on 28 July 2020 and are effective from 1 June 2020. These Exemption Orders may not directly affect transfers by love and affection/gifts but we shall put it here for some useful bed-time reading.

NOTE:

Stamp Duty (Exemption) (No. 3) Order 2020

Stamp Duty (Exemption) (No. 4) Order 2020

Real Property Gains Tax (Exemption) Order 2020


What is needed for Submission to LHDN/Stamp Office which is done online:

i) PDFs of Title of the property (or the new Original Title you extracted)

ii) PDFs (in colour) of Identity Cards of parties

iii) PDFs of Birth Certificates and/or proof of relationship

iv) PDFs of the duly prepared and executed CKHT 1A, CKHT 2A, CKHT 3 (if applicable), Borang 14A

4. Payment of Stamp Duty
Once the above documents are submitted online [https://stamps.hasil.gov.my/stamps/] to the Stamp Office, within a few days, you will get a Notis Taksiran on the adjudicated amount that you will need to pay the LHDN/Stamp Office. Payment must be made within 1 month and the mode of payment is advised in the letter. After successful payment has been effected, the LHDN/Stamp Office will issue a Sijil Setem as proof of payment of the Stamp Duty and a certification that all is good to go.


5. Presentation of Documents to Land Office
Presentation of documents to the Land Office is necessary for the name of the new owner be updated in the Title of the Property. Also, the Land Office will take the liberty to update the Jabatan Penilaian & Pengurusan Harta of the relevant Municipal Council of the state that there has been a change in ownership. It must also be stated here that every document must follow the specifications of the Land office right up to the type and colour of the pen used for signing. The presentation fees differ in each state, so does the penalty fees if it is filed out of time. Yes, we emphasise this here that the lawyers will have to present all documents within 3 months of the date of the Borang 14A. So the settlement of the Stamp Duty and all the relevant searches and preparation must be done without delay. What you will need/ your lawyers will need for successful presentation of documents to the Land Office:

i) Cover Letter of all documents to be submitted

ii) Original Title

iii) Copy of the Notis Taksiran issued by LHDN/Stamp Office

iv) Original Sijil Setem

v) Copies of Identification Cards of Parties (in colour).

vi) Latest Bill and Receipt/Proof of Payment of Quit Rent

vii) Latest Bill and Receipt/Proof of Payment of Assessment

viii) Copies of Birth Certificate and/or proof of relationship

ix) Presentation Fees

6. Collection of new Original Title
Once presentation is made, thus begins your waiting period for the email from Land Office to arrive. If there is any rejection of the presentation, there will be a letter stating the things that have to be corrected/amended/added/taken out. Conversely, if it is good news and there is an acceptance of the presentation, there will be an email for the collection of the updated Original Title. Remember to bring the original receipt and your identification card for the documents to be released to you. Definitely there is a need for a professional eye for detail here. The guidelines are very stringent and often different land offices may have differing internal guidelines causing documents to be rejected. It has not been standardized fully yet though there are improvements with mechanisms at the land office being put in place to streamline and modernize processes. The best way at the moment in the event you face any complications is to appoint counsel to assist you. Otherwise you may arrange to meet with the intrepid land officers to seek their step-by-step guidance to ensure a successful presentation of documents at the Land Office.


Conclusion
In the event you face any complications or roadblocks which arise if you are doing this for the first time, it may be best to look for lawyers in active private practice who practice land law and conveyancing from the Malaysian Bar Directory to get things started and to handle your transaction. Many of the online systems cater to lawyers and a legal firm registration with the governments online vendors is necessary to do much of the work smoothly. You can also alternatively see if you can do it yourself if you can work through the steps and the timelines. Perhaps consider finding a lawyer you can connect with and trust, and for property matters, bear in mind that fees are chargeable according to a fixed statutory scale, with some provision made for 25% reduction of legal fee on a case-by-case basis.

Good luck.
Best regards from all of us at Messrs Varghese and Co.

DISPUTE RESOLUTION 101 CONTINUED: Family Law, Divorce Petitions

DISPUTE RESOLUTION 101 CONTINUED:  Family Law, Divorce Petitions

In the event there is indication that a marriage is going on the rocks: For the purposes of this blogpost we will write as if this is you, dear Reader:

Ground Zero: Go for family counselling with your counsellor of choice to see if counselling helps with repairing your marriage. The irretrievable breakdown of a marriage otherwise, ends in divorce or annulment of the marriage (separate Family Law 101s will be shared for annulments at a later date). For purposes of this  Divorce Petition101, we will focus on the preliminary processes leading up to the intention to litigate and to end the marriage with a decree of divorce. 

1.  Get your paper trail in order. 
This is for any assets owned by the parties, both jointly and separately. Keep a record also of all joint and single expenditure made on behalf of the family, and of the spouses. Marriage is after all a contract between the parties. 

2.  Try to keep things non-acrimonious, hard we know, for some breakups. 
At the very least, consider the savings of keeping things friendly. Joint petitions cost a quarter of contested petitions. Contested petitions are high stress for all parties concerned, the counsels included. You will be billed accordingly. 

3.  Keep copies of all communication between parties. 
This includes communication over social media. If you can export that chat text history, do it. Remember to take screen grabs too. 

4.  Write a chronology of events from the start of the marriage to the intention to file for divorce. This will be pages - long if it was a long marriage. It will be necessary for your counsel to have, in order to prep your case. Leave nothing out. Include all things related to the marriage which your lawyers need to know: 

• Mention in the chronology how and when you met your estranged spouse, how and when the relationship started, whether the families of both parties were on cordial terms, who proposed, and how was it carried out. 

• Mention how and when you became engaged and then married. Indicate whether you registered at JPN first through the civil ROM processes (that would be the point the marriage became legal), was there a religious wedding ceremony thereafter, how the reception was, and where was the first home you lived at, what would the parties consider their family home.

• Mention if there are children of the marriage if there are any. Detail when were they born, particulars of their main caregiver, the spouse who looked after the household and the kids day-to-day rearing and care, whether either parent had been a stay-at-home parent, did both parties work outside the home, how did things go in the initial years, how were the finances shared between the parties - "his, hers and ours" or one party held the purse strings. 

• State the moment when did the marriage start getting strained,  did the marriage start to break down, notable events relating to the strain and the breakdown (e.g. SGBV, domestic violence, affairs, financial mismanagement, et cetera), when did the breakdown reach a no-turning back point (irretrievable/point of no return).

• Set out if whether a separation of household occurred, when was the intention to separate, whether there had been any attempts to reconcile and work on the marriage to fix things, and if so how many attempts. What happened during all the attempts at reconciliation?

• Finally do set out the date the decision to file for divorce happened, and so on, the particulars of this i.e. whether this decision was mutual or not, and whether the parties can agree or not to things such as maintenance, joint/full child custody arrangements, taking into account the children's wishes and feelings, whether there would be joint living arrangements but separate households, or whether there is any intention for a total clean break of the family into two, and the parties are to live in 2 physically separate households, then the decision will be who the details pertaining to rights to the children for custody/visitation, the joint contents of the marital home, movables and personal assets, the library books, the motorbike, the car, the dog, the cat, and the goldfish. 

This is just a little semi-illustration of what to include in the chronology, you could go a different way following what is happening in your life of course. 

5.   Did we mention try to keep things non-acrimonious?
We did, and this is hard but important to attempt. Especially if there are children of the marriage. If this is impossible, then just try to avoid any additional stress in unnecessary confrontations, and leave things to your lawyer after you have instructed them accordingly. 
 
6.   Go for marriage counselling at JPN. 
The government will try to see if it is possible to resolve the differences and salvage the marriage. 

7.   Go to the marriage tribunal hearings at JPN. 
If matters are unable to be resolved and things are irretrievable, then the divorce is happening, isn' t it? :( Our sympathies on the ending of your marriage. Keep on keeping on and be strong.  

8.   Find family lawyers from the Malaysian Bar Directory and get things started. 
Just find a lawyer you can connect with, and whose fees you can afford to pay. Otherwise, approach the Legal Aid Centre at Bar Council for assistance (note that there is a means test requirement there). 

Best regards from Anne and Melani at Messrs Varghese and Co.

Copyright Law in Malaysia

For all matters related to Copyright it is always best to go back to the legislation and case precedents. The legislation governing copyright matters was enacted by Parliament to make better provisions in the law relating to copyright and for other matters connected therewith. Copyright is the exclusive right to control creative works created by the author, copyright owner and performer for a specific period as governed under the Copyright Act 1987, Act 332.  

Works eligible for copyright in Malaysia are:

1. literary works;
2. musical works;
3. artistic works;
4. films;
5. sound recordings;
6. broadcasts; and
7. derivative works

There is a governing organisation in Malaysia that dictates on all matters related to Copyright Law, and for best steps forward it is always best to start with them, the Intellection Property Corporation of Malaysia. 

For any protection-related matters and worries about infringement, feel free to contact them or an IP lawyer of your choice. Apart from us, there are legal firms that can assist and you can obtain their details from Bar Council's legal firm directory. 

Best regards from Anne and Melani at Messrs Varghese and Co.