5 Misconceptions About Divorce In Malaysia
(Updated in May 2020)
- 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 still 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 automatically if I apply for a divorce in Malaysia : For all claims in the Court, you need to prove your claim. The Court will assess the contributions of parties towards acquiring the properties, debt owing by either parties, needs of any minor children and subject to these factors, the Court is inclined towards equality of division. In other words, one still needs to prove his/her claim in the Court.
- Must separate for 2 years to start the divorce process in Malaysia – Again, this is not true. Both parties are not required to be separated for 2 years if both parties agreed to get a divorce. However if one party does not agree to divorce, this can be a ground for you to proceed to file for a 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.
- Overseas registered marriage cannot get divorce in Malaysia – Not true. The High Court in Malaysia will have the 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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