Q1. Is a post-nuptial agreement legally valid in Sarawak? Under the current Court of Appeal ruling, post-nuptial agreements cannot presently be relied upon as valid and enforceable matrimonial agreements under the LRA 1976 until the rules contemplated by Section 56 are made. Q2. What is the difference between a prenuptial agreement and a post-nuptial agreement?…
The Sarawak Labour Ordinance reforms mark one of the most significant employment law updates for Sarawak in recent years. For a long time, employment law in Sarawak operated under its own framework, separate from the Employment Act 1955 applicable in Peninsular Malaysia. With the Labour Ordinance of Sarawak (Amendment) Act 2025, the law has now…
Steps to Transfer Deceased’s Land to Next of Kin or Beneficiary Step 1: Obtain a Death Certificate The first thing you’ll need is the deceased’s death certificate. You can get this from the National Registration Department (JPN). This document is essential to start the legal process. Step 2: Apply for a Grant of Probate or…
If you’re buying an apartment or any unit in a high-rise building in Sarawak, you’ve probably heard about strata titles. Understanding strata title regulations is important if you want to avoid legal issues when owning or managing a property in a shared building. Q: What is a Strata Title? A: A strata title is a…
Divorce is never easy, especially when only one party wants it. In a single-sided divorce, also called contested divorce, the issues of financial support often become complicated. If you’re going through this, understanding your rights is crucial. Maintenance Claims: What You’re Entitled To As part of the divorce, one spouse may be required to pay…
Q: What is Land Title Conversion? A: In Sarawak, land titles are categorized by their use such as agriculture, commercial, or residential. If you want to change how you use your land (like converting agricultural land into a residential lot for development), you must apply for a land title conversion. This change allows you to…
https://www.malaymail.com/news/malaysia/2021/11/11/ministry-to-help-women-seeking-divorce-under-native-courts-says-sarawak-min/2020049 Divorce can be a daunting experience, especially when there are complexities of the legal system. For those residing in Sarawak, it is important to know that there are options available for seeking divorce under Native Courts. Let’s consider a scenario for someone seeking divorce in Native Court; A couple, both of whom belong to…
Native Customary Rights (NCR) land disputes are a common issue in Sarawak and Sabah. For many local communities, NCR land is not just property but a part of their heritage, livelihood, and identity. Unfortunately, disagreements over ownership, boundaries, or development often arise. These disputes can be complex and emotionally charged, but with the right legal…
Q: What is Native Customary Land (NCL)? A: NCL refers to land that has been used or occupied by Sarawak’s native communities under customary law, typically for farming, hunting, and other traditional activities. It is legally recognized under the Sarawak Land Code and is meant to be owned only by natives. Q: Who qualifies as…
Q: Who is classified as a “foreigner”? A: As defined under the Sarawak Land Code, a foreigner is: – a) any person who is not a Malaysian citizen and not permanently resident in Sarawak; b) any foreign company, corporation, society, association or other body which is not registered in Malaysia under any written law applicable…
