A Separation Affidavit is a crucial legal document in Malaysian family law, primarily used to formally document the fact and circumstances of a married couple's separation. This document becomes particularly important when couples need to establish their separation period for future divorce proceedings, as Malaysian law requires certain separation periods before divorce can be granted. The Separation Affidavit must comply with Malaysian legal requirements and typically includes details about the marriage, the date of separation, reasons for separation, current living arrangements, and any agreements regarding children, property, or finances. It must be sworn before a Commissioner for Oaths and can be used in court proceedings as evidence of the separation. The document is governed by various Malaysian legislations, including the Law Reform (Marriage and Divorce) Act 1976 for non-Muslim marriages, and must follow specific formatting and content requirements under the Rules of Court 2012.
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1. Title and Opening Declaration: Formal opening stating this is an affidavit, including the deponent's name, NRIC number, religion, occupation and address
2. Marriage Details: Details of the marriage including date, place of registration, and marriage certificate number
3. Parties Background: Brief background of both spouses including their current addresses and occupations
4. Separation Statement: Clear statement of when the separation began and continues to present
5. Reasons for Separation: Factual account of the circumstances leading to separation
6. Current Living Arrangements: Description of current separate living arrangements of both parties
7. Verification Statement: Standard affirmation of truth of the contents
8. Signature and Attestation: Formal closing including signature, commissioner for oaths details and attestation
1. Children of Marriage: Details of any children, their current living arrangements and care arrangements - included when there are children from the marriage
2. Financial Arrangements: Details of any financial arrangements between parties during separation - included when there are specific financial agreements
3. Property Division: Current arrangement regarding matrimonial home and other shared properties - included when there are property matters to address
4. Maintenance Arrangements: Details of any maintenance being paid by either party - included when maintenance arrangements exist
5. Pending Legal Proceedings: Information about any ongoing or planned divorce proceedings - included when relevant legal actions are in process
6. Domestic Violence Statement: Statement regarding any domestic violence issues - included when there are safety concerns or previous incidents
7. Reconciliation Attempts: Description of any attempts at reconciliation - included when such attempts have been made
1. Marriage Certificate: Certified true copy of the marriage certificate
2. Identification Documents: Copies of NRIC or passport of both parties
3. Separation Evidence: Supporting documents proving separate residences (utility bills, tenancy agreements, etc.)
4. Children's Documents: Birth certificates of children and any relevant custody orders if applicable
5. Financial Documents: Relevant financial records, maintenance receipts, or agreements if referenced in the affidavit
6. Correspondence: Relevant communication between parties regarding the separation if referenced in the affidavit
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