5 Misconceptions About Divorce In Malaysia
(Updated on February 2019)
- You cannot get a divorce in Malaysia if you are married for less than 2 years : This is not true. Although it is clearly stated under the law that you must be married for at least 2 years before you can start a divorce proceedings, you can definitely get a divorce in Malaysia if you are married for less than 2 years if you can show to the Court that you are experiencing ‘exceptional hardship or circumstances’. This can be either past, present or future hardship such as physical abuse/domestic violence or even mental/emotional abuse. Alternately, you may consider annulment of marriage in Malaysia if your marriage is less than 2 years.
- Half of my assets will go to my wife if I apply for a divorce in Malaysia : This is not true. For all claims in the Court, you need to prove it. The law does not state that your wife/husband is entitled to your assets ‘automatically’. One need to prove that why he/she is entitled to his/her spouse’s assets.
- Must separate for 2 years to start a divorce in Malaysia – Again, this is not true. You need not separate for 2 years if both parties agreed to divorce. However if one party does not agree to divorce, this can be a ground for you to proceed to divorce in Malaysia.
- Whoever that start a divorce action will ‘lose’ easier – This is one of the most common misconceptions about divorce. Again, one still need to prove his/her claim such as alimony or share in an asset in the end of the day. It does not matter who started the divorce action first.
- Oversea marriage cannot get divorce in Malaysia – Untrue. The High Court in Malaysia will still have jurisdiction or power to grant a divorce order if parties are legally married abroad and if they can prove to the High Court that both parties are domiciled in Malaysia.
These are the 5 most common misconceptions about divorce in Malaysia that we have heard on a constant basis.
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