4 Grounds To File A Single Petition Divorce In Malaysia

Quick Summary

A single petition divorce in Malaysia is filed by one spouse when the other spouse does not agree to the divorce or if there is no agreement on all the divorce terms. To file a single petition divorce, you must prove that the marriage has irretrievably broken down by showing at least one of these 4 legal grounds:

• Adultery – your spouse committed adultery and you cannot continue living with them
• Unreasonable behaviour – your spouse’s behaviour makes it unreasonable for you to continue the marriage
• Desertion – your spouse has abandoned you for at least 2 continuous years
• Separation – both parties have lived separately for at least 2 continuous years

4 Grounds To File A Single Petition Divorce In Malaysia

There is no doubt that marriage is one of the most beautiful things in life. Everyone has pictured themselves with the perfect one at some point of life. If you are lucky enough, you may have already found your Mr or Mrs Right and decided to recite the marriage vows in front of all those people whom you love- your kin and kith. Nonetheless, not all marriages necessarily lead to happy endings. Some ends in death, some ends in divorce. Yours may just be one of them that do not work out, and that is completely fine. In case you need to file a divorce, here are 4 grounds to file a single petition divorce In Malaysia.

Before we go further, there are two types of divorce- Joint Petition and Single Petition Divorce. This article solely focuses on the latter involving civil marriages in Malaysia and not Islamic marriages. Also known as Unilateral Petition Divorce, Single Petition Divorce is when either spouses files a petition to divorce without the other party’s agreement, reason being the marriage has broken down.

Watching Hong Kong dramas is a norm in Malaysia as a source of entertainment. From the law-themed TVB dramas, we have picked up the misconception that living separately for more than two years is a requirement to file for divorce. In actual fact, that is only one of the four grounds for divorce. At least ONE out of the four grounds for marriage breakdown accepted by the law needs to be proven in order to get a decree of divorce.

Ground 1: Adultery

The first ground for divorce is adultery. Under this ground for divorce, your spouse has committed adultery and you deem it intolerable to keep living with them. The act of your spouse voluntarily having sexual intercourse with a person from the opposite sex is considered adultery.

However, proofs are required to show that your spouse has committed adultery. Your sheer doubts of presuming that it has happened is unacceptable. Since it is rather difficult to catch people committing adultery while they are in the act (literally having sex), proofs that an adultery has taken place could include seeing your spouse holding hands with another person from the opposite sex, and hearing obscene noises from the bedroom.

Ground 2: Unreasonable Behaviour

The second ground for divorce is behaviour. To use this ground for divorce, you must show that you are unable to live with your spouse because of their behaviour. You ought to provide proofs of your spouse’s unreasonable behaviour.

Generally, “unreasonable behaviour” is based on what a sane, right-minded person would deem inappropriate. Therefore, this ground is subjective and it largely depends on current values, morals and norms. For instance, it could be lack of trust, fond of giving the silent treatment, as well as frequent quarrelling, causing you to lead a miserable life owing to the constant unhappy environment at home.

Ground 3: Desertion

The third ground for divorce is desertion. Under this ground for divorce, your spouse has deserted or in layman’s term, abandoned you for two years. Desertion is not necessarily physical, meaning not living together. Staying under the same roof but leading separate lives can be considered as a form of desertion as well. You ought to prove that your spouse has the intention to permanently leave you; did not obtain your consent to leave; doesn’t have a good reason to leave you; and has left you for two years continuously.

Ground 4: Separation

The last and simplest ground for divorce is separation. To use this ground for divorce, you need to show that you and your spouse have lived separately for 2 years continuously. As simple as that.

Conclusion

These are the four grounds for divorce provided under the law and you need to prove at least 1 ground in order to start a single petition for divorce in Malaysia for non-Muslim. If you need further advice, you may get in touch with our divorce lawyer to understand your rights better.

FAQs on Grounds To File A Single Petition Divorce in Malaysia

1. What is a single petition divorce in Malaysia?

A single petition divorce is when one spouse files for divorce without the other spouse’s agreement. It is also commonly known as a unilateral divorce petition.

2. Do I need my spouse’s consent to file for divorce?

No. For a single petition divorce, your spouse’s consent is not required. However, you must prove at least one legal ground showing that the marriage has broken down.

3. Do I need to live separately for 2 years before filing for divorce?

Not always. Living separately for 2 years is only one of the four grounds. You may still file earlier if there is adultery, unreasonable behaviour, or desertion.

4. What is considered unreasonable behaviour?

Unreasonable behaviour can include constant quarrelling, emotional abuse, lack of trust, neglect, controlling behaviour, or any conduct that makes it unreasonable for you to continue living with your spouse.

5. What evidence is needed for a single petition divorce?

This depends on the ground you are relying on. Evidence may include messages, photographs, witness statements, proof of separation, or other documents that support your case.

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