Reconciliation provision under English and Malaysian family law: a comparative overview

The principle of irretrievable breakdown of marriage is the basis of the law of divorce of Law Reform (Marriage and Divorce) Act 1976 (“LRA”) of Malaysia and Divorce Reform Act 1969/Matrimonial Causes Act 1973 (“MCA”) of England and Wales. In England and Wales, this is the sole ground for divorce. M...

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Main Author:	Abdul Hak, Nora
Format:	Article
Language:	English
Published:	Sweet & Maxwell Asia 2008
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/6479/ http://irep.iium.edu.my/6479/1/Reconciliation_The_Law_Review.pdf

id	iium-6479
recordtype	eprints
spelling	iium-64792011-12-05T06:55:25Z http://irep.iium.edu.my/6479/ Reconciliation provision under English and Malaysian family law: a comparative overview Abdul Hak, Nora K Law (General) The principle of irretrievable breakdown of marriage is the basis of the law of divorce of Law Reform (Marriage and Divorce) Act 1976 (“LRA”) of Malaysia and Divorce Reform Act 1969/Matrimonial Causes Act 1973 (“MCA”) of England and Wales. In England and Wales, this is the sole ground for divorce. Malaysian law has, in addition, made conversion of one of the parties to Islam (s 51) and mutual consent (s 52) as grounds for divorce. Both jurisdictions emphasise the possibility of reconciliation between the spouses that may save the marriage. In England, the application of the provisions concerning reconciliation and conciliation under the MCA had faced difficulty since it came into force. This led to the reformation of the MCA into Family Law Act 1996 (“FLA”) especially provisions relating to the practice of reconciliation and conciliation, where mediation takes centre stage. The LRA however, remains the same today as it was introduced in 1976. Thus, the aim of this article is to review this aspect of the law, as the LRA of Malaysia is based, with some modifications, on the MCA of England. It is hoped that this article will highlight the strengths and weaknesses of the reconciliation provisions of both countries, i.e. Malaysia and England, with a view towards a better legal provision on reconciliation in the future. Sweet & Maxwell Asia 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6479/1/Reconciliation_The_Law_Review.pdf Abdul Hak, Nora (2008) Reconciliation provision under English and Malaysian family law: a comparative overview. The Law Review, 1. pp. 104-118. ISSN 1985-0891
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Abdul Hak, Nora Reconciliation provision under English and Malaysian family law: a comparative overview
description	The principle of irretrievable breakdown of marriage is the basis of the law of divorce of Law Reform (Marriage and Divorce) Act 1976 (“LRA”) of Malaysia and Divorce Reform Act 1969/Matrimonial Causes Act 1973 (“MCA”) of England and Wales. In England and Wales, this is the sole ground for divorce. Malaysian law has, in addition, made conversion of one of the parties to Islam (s 51) and mutual consent (s 52) as grounds for divorce. Both jurisdictions emphasise the possibility of reconciliation between the spouses that may save the marriage. In England, the application of the provisions concerning reconciliation and conciliation under the MCA had faced difficulty since it came into force. This led to the reformation of the MCA into Family Law Act 1996 (“FLA”) especially provisions relating to the practice of reconciliation and conciliation, where mediation takes centre stage. The LRA however, remains the same today as it was introduced in 1976. Thus, the aim of this article is to review this aspect of the law, as the LRA of Malaysia is based, with some modifications, on the MCA of England. It is hoped that this article will highlight the strengths and weaknesses of the reconciliation provisions of both countries, i.e. Malaysia and England, with a view towards a better legal provision on reconciliation in the future.
format	Article
author	Abdul Hak, Nora
author_facet	Abdul Hak, Nora
author_sort	Abdul Hak, Nora
title	Reconciliation provision under English and Malaysian family law: a comparative overview
title_short	Reconciliation provision under English and Malaysian family law: a comparative overview
title_full	Reconciliation provision under English and Malaysian family law: a comparative overview
title_fullStr	Reconciliation provision under English and Malaysian family law: a comparative overview
title_full_unstemmed	Reconciliation provision under English and Malaysian family law: a comparative overview
title_sort	reconciliation provision under english and malaysian family law: a comparative overview
publisher	Sweet & Maxwell Asia
publishDate	2008
url	http://irep.iium.edu.my/6479/ http://irep.iium.edu.my/6479/1/Reconciliation_The_Law_Review.pdf
first_indexed	2023-09-18T20:15:27Z
last_indexed	2023-09-18T20:15:27Z
_version_	1777407756403212288

Reconciliation provision under English and Malaysian family law: a comparative overview

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