Top 10 Things About Divorce in Malaysia

1. Types of Divorce in Malaysia

There are 2 types of Divorce in Malaysia：

Joint Petition to Divorce – Parties agree to mutually dissolve the marriage and all terms of divorce.

Single Petition to Divorce – One party does not agree to divorce, or disagrees with the terms of divorce. 

Click here to learn more about Fast-Track Divorce in Malaysia.

2. What are the requirements to file for a Divorce in Malaysia? 

The Malaysian laws stipulate that a marriage must have exceeded 2 years before a petition to divorce can be filed in Court. The 2 years start from the date when the marriage was registered. For example, if A and B registered their marriage on 1 January 2004, A and/or B shall only be allowed to file for a petition to divorce in Court on or after 1 January 2006.

If you wish to file for a petition to divorce before your marriage has exceeded 2 years, you must prove to the court of any extreme hardship suffered by you. For example, you are experiencing continuous domestic violence, or where the other party has acted unreasonably in such a way that it has deeply affected your personal life or work.

Another suggested alternative is to file for a petition to annul the marriage. A petition for annulment of marriage can be filed anytime provided the requirements are met. For example, parties had not consummated the marriage (never had sexual intercourse) since the registration of marriage. 

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3. How do I decide whether to file for a Joint Petition to Divorce or a Single Petition to Divorce?

We recommend clients to first make known of his / her intention to file for a divorce and terms of divorce. In the event his / her spouse is agreeable to the proposed divorce and terms of divorce, parties may appoint divorce lawyers right away to commence the divorce process. If you find it difficult to communicate with your spouse on the proposed divorce, get a divorce lawyer to conduct the negotiations on your behalf. 

4. How do I file for a Single Petition to Divorce?

Before you are allowed to file for a Single Petition to Divorce, you must first apply to refer your marriage difficulty to a marriage tribunal or conciliatory body – also commonly known as attending marriage counselling at the Jabatan Pendaftaran Negara. Or, you may appoint a divorce lawyer to apply to the High Court for an exemption of marriage counselling.

In filing for a Single Petition to Divorce, you need to state at least one of the 4 legally defined facts or proof of breakdown of the marriage:-

(i) your spouse has committed adultery and you find it intolerable to live with your spouse;

(ii) your spouse has behaved in such a way that you cannot reasonably be expected to live with your spouse;

(iii) your spouse has deserted the petitioner for a continuous period of at least 2 years immediately before filing for the petition to divorce;

(iv) that parties have lived apart for a continuous period of at least two years immediately before filing for the petition to divorce.

You do not need your spouse’s permission to file for a Single Petition to Divorce. The divorce process will commence immediately once your spouse has effectively received the court documents from your lawyer.

Seek professional advice about single petition to divorce.

5. What are the usual terms of divorce?

Generally, the terms of divorce include the following:-

(i) Right of custody and access of the children；
(ii) Child Maintenance and Spousal Maintenance; and
(iii) Division of matrimonial assets.

6. How long does it take for Divorce in Malaysia to complete? 

A Joint Petition to Divorce will take anywhere between 1 to 3 months to complete.
On the other hand, a Single Petition to Divorce will be expected to take much longer around 1 to 2 years. The length of a Single Petition to Divorce largely depends on whether it will be contested; whether parties will need to attend mediation; and whether parties intend to go for a full trial in Court.

If you wish to file for a Fast-Track Divorce, click here to learn more. 

7. How will the Court decide on the right of custody of the child? 

In deciding who shall be given the right of custody of the child, the Court will consider the best interest of the child as the paramount consideration or what is in the best interest of the children. Among many other considerations include the current living arrangements of the child, whether it should remain or there is a need for a change, the wishes of the child and the wishes of the parents. Usually if one party is given the right of custody, the other will have right of access to the child. 

8. What are the documents required to get a Divorce in Malaysia? 

You need to prepare the following documents：

(i) Marriage Certificate;
(ii) NRIC / Mykad of both parties;
(iii) Birth Certificate of the Children; and
(iv) Other relevant documents (such as Sale and Purchase Agreements of a property; car grant and etc.)

9. My wife is a foreigner, she has left Malaysia a long time ago, can I still file for a Divorce in Malaysia? 

The answer is ‘yes’. You may file for a Single Petition to Divorce on the ground that your spouse has deserted you for more than 2 years continuously (or even based on other grounds).

10. I had sought for a divorce in a foreign country. Do I still have to file for a Divorce in Malaysia? 

If you had also registered your marriage in Malaysia, all you need to do is to register the divorce that you obtained in the foreign country or jurisdiction. This may be done through an application to the High Court via a divorce lawyer. This will take around 2 to 3 months to complete.

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[Bonus] 6 other things you need to know about getting a Divorce in Malaysia

11. My spouse had never given my any financial support since our marriage. What can I do?
You may, at anytime during or before the matrimonial proceedings, apply to the High Court for interim spousal maintenance or interim child maintenance, or both. If your application is granted, your spouse will have to start paying you interim maintenance from when the court order has been granted until your divorce is finalised upon conclusion of the matrimonial proceedings. 

12. How are the legal fees calculated for getting a Divorce in Malaysia?

Each legal firm charges professional fees at different rates. In general, the fees are divided into:- 

Professional fees refer to the work done towards the divorce process, which will depend on the complexity of the matter. 

Disbursement refers to the payment incurred by the legal firm for expenses such as court filing fees, printing /photocopying, affirmation fees, dispatch charges, telephone charges and miscellaneous.

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13. I have received documents from my spouse’s lawyer, can I choose not to attend Court?

You may have received either a legal letter, or legal documents filed the Court intended for Single Petition to Divorce. If it is the latter, you must appoint a lawyer to represent you in Court and to prepare a reply to the petition to divorce within a certain timeframe. The Court will not wait on you once the proceedings have commenced. The consequences for not taking any step in court proceedings could be serious. For instance, the Court may proceed to unilaterally hear the petition to divorce filed by your spouse in your absence. 

14. How do I apply for marriage counselling?

You may proceed to the nearest Jabatan Pendaftaran Negara to apply for marriage counselling. A marriage counselling typically takes about 3 to 6 months to complete. If there are exceptional circumstances, you may also try applying for exemption of the marriage counselling. 

15. I have been subject to domestic violence, what should I do？

First of all, you must remain calm and obtain all evidence of the domestic violence by your spouse such as video recordings and photos. Call for police assistance or proceed to the nearest police station to lodge a police report. You should get a medical examination if you have been seriously injured. Please refrain from lodging just a  ”cover report ” or refuse to get the police to take actions, otherwise the police will not investigate further.

If you are no longer able to return home, please call 1599 (Talian Nur hotline) to seek assistance. This hotline is available 24 hours a day, 7 days a week. You may also contact Women’s Aid Organisation (WAO) or call the WAO Hotline at +03 3000 8858 or SMS/WhatsApp TINA at +6018 988 8058.

16. Are there any other steps to be taken once the divorce has been pronounced?

Upon completion of the divorce proceedings, your lawyer will send you a copy of the following documents :-

(a) Decree Nisi / Dekri Nisi (temporary divorce certificate);
(b) Decree Nisi Absolute / Sijil Menjadikan Dekri Nisi Mutlak (divorce certificate), and
(c) Court Order/ Perintah.

You may then bring these documents to the nearest JPN to update your marital status.