5 Things You Need To Know Before Divorce in Malaysia
What You Need To Know Before Getting a Divorce in Malaysia
(Updated in January 2026)
Are you looking for a divorce lawyer and looking to understand more about divorce law Malaysia? Before you pick up your phone to call a divorce lawyer, here are 5 things to know before making an appointment with your divorce lawyer.
1. Joint Petition or Single Petition Divorce
Before you meet your divorce lawyer, more often than not, you will be asked if your spouse agrees with the divorce. So, it is important to sit down and talk with your spouse about this matter and discuss on the terms of divorce.
This includes, wife/husband maintenance, child maintenance, custody, assets division etc. Once these are all discussed and both parties agreed to the terms, you can proceed to make appointment with your divorce lawyer. Then your divorce lawyer will proceed with a joint petition divorce.
However, if both parties cannot reach a consensus or mutual consent, then your divorce lawyer will advice to proceed with a single petition divorce. This is where both parties will usually appoint their respective lawyers.
2. Cost of Divorce in Malaysia
In fact, if both parties agree to divorce, the cost of divorce is much lower compared to cases where parties cannot mutually agree to divorce. In other words, a joint petition divorce is much cheaper than single petition divorce.
Therefore, it is advised to settled privately among couple on the terms so that both parties are not hit by expensive cost of divorce. However, if both parties cannot reach a settlement, filing a single petition is inevitable.
You may read the estimated cost for divorce in Malaysia here or get free divorce consultation & quote from our divorce lawyer in Malaysia via WhatsApp now.
3. Time Frame For Divorce To Be Finalized
A joint petition can be finalized faster compared to a single petition.
For a joint petition, it will take less than 3 months before the Court grant an order for divorce. For a single petition, it can normally take from 6 to 12 months or more before the Court grant an order for divorce. It also depends on the complexity of the case among other factors.
In short, you need to discuss deliberately with your divorce lawyer on your rights in filing a divorce application.
4. Marriage Counselling With the JPN (Marriage Tribunal)
Marriage counselling is NOT REQUIRED if the divorce is mutual or parties opt to file a joint petition for divorce.
On the other hand, if the divorce is not mutual, parties must first go the JPN and register for marriage counselling the the Marriage Tribunal. This is required before either party can file a single petition for divorce in Malaysia.
You may read more about the marriage counselling with the JPN here.
5. Reason or Ground To File a Divorce in Malaysia
In Malaysia, for non-Muslim divorce, parties are NOT REQUIRED to provide any reason or ground to divorce as long as the divorce terms are agreed between parties. This is also known as a no-fault divorce where there is no need to prove anything if the divorce is agreed by both parties.
However, if the divorce is one-sided where there is no agreement to the divorce, one can file a single petition for divorce and must prove his or her reason or ground to file a divorce in Malaysia.
You may read more about the grounds to file a divorce in Malaysia here.
Conclusion
Essentially, it is important to consult and seek advice from a divorce lawyer in Malaysia to find out what is the best option available if you are contemplating to get a divorce in Malaysia.
For more information, you may read our updated Divorce in Malaysia Complete Guide, where we explain the latest divorce procedures, timelines, and costs in simple terms.
Frequently Asked Questions About Divorce in Malaysia
1. Do I need to go for marriage counselling before filing for divorce in Malaysia?
For non-Muslims, marriage counselling through JPN is required if the divorce is not mutual. The counselling is meant to see whether the marriage can be saved. However, some cases may be exempt, such as when there is domestic violence or one spouse cannot be found.
2. What is the difference between a joint petition and a single petition divorce?
A joint petition means both husband and wife agree to divorce and on all terms, such as custody, maintenance, and property. This is usually faster and more affordable. A single petition is filed by one spouse when there is no agreement, and it often takes longer and costs more.
3. How long does a divorce take in Malaysia?
It depends on the type of divorce. A joint petition can be completed within a 3 months if documents are in order. A single petition usually takes longer because it involves case managements, court hearings and disputes.
4. Who gets custody of the children after a divorce?
The court will always prioritize the welfare of the children. For young children, the mother is usually preferred, especially if the child is below 7 years old. For children above the age of 7, the court will consider all factors and may consider the child’s wishes, as long as the child can express an independent opinion. Fathers should note that custody is not automatically denied to them, and this is explained further in our guide on how to win custody as a father.