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5 Misconceptions About Divorce In Malaysia

5 Misconceptions About Divorce In Malaysia

5 Misconceptions About Divorce In Malaysia

(Updated on February 2019)

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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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4 thoughts

    1. Hi Jul,

      The cost of a joint petition is normally much lower than a single petition divorce.

      The cost of a joint petition divorce starts from RM3,000.00 to RM5,000.00 depending on the complexity of the case.

    1. Hi Maya,

      Yes, the High Court is empowered to order the husband to pay alimony to the wife in the event of divorce under the Law Reform (Marriage & Divorce) Act 1976.

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