10 Things You Should Know About Divorce in Malaysia
10 Things You Should Know About Divorce in Malaysia
Getting a divorce in Malaysia can be confusing, stressful, and overwhelming especially if you are going through it for the first time. Many people are unsure about the process, costs, time involved, and their rights under the law.
This guide highlights 10 important things you should know before filing for divorce in Malaysia for non-Muslims, so you can make informed decisions and avoid common mistakes.
- Parties must have Malaysia as their permanent home to file a divorce in Malaysia (domiciled in Malaysia).
- Your marriage must be registered for more than 2 years under the law before you can file a divorce in Malaysia (may apply divorce within 2 years of marriage with special condition).
- Faster and cheaper to file a joint petition for divorce (mutual divorce) compared to a single petition for divorce (non-mutual divorce).
- No need to attend counselling (with the JPN Marriage Tribunal) if the divorce is mutual.
- Both husband and wife must come to an agreement on all the divorce terms for joint petition.
- Terms that must be agreed upon are custody of children, amount of maintenance for wife & children & division of matrimonial assets.
- Both parties must sign and attend the Court (divorce hearing) for joint petition.
- To file a single petition for divorce, you need to prove reason for the breakdown of marriage. No need reason if the divorce is mutual.
- No ‘automatic divorce’ in Malaysia even if both parties are separated for more than 2 years.
- In the event if there is no agreement, it is advisable to start with a divorce proposal and our divorce lawyer may assist to negotiate and reach for a settlement to save time and cost for divorce by filing a joint petition.
Divorce is not just a legal process. It is a major life decision. Understanding the law, your options, and the consequences early can save you time, cost, and emotional stress.
If you are unsure where to start or need clarity on your situation, speaking to a divorce lawyer early can make a real difference.
You may read here for more information on divorce procedures in Malaysia.
