Can You Get ‘Automatic Divorce’ in Malaysia?
Can You Get ‘Automatic Divorce’ in Malaysia?
For some reason, this is a very common question that we often get as a divorce lawyer in Malaysia. Here is the question: Is there an ‘automatic divorce’ in Malaysia after I have been separated from my husband (or wife) for more than 2 years? The short answer is no.
It is very important to note that only the court has the power to grant a divorce order in Malaysia and there is NO such thing as an ‘automatic divorce’ in Malaysia after parties are separated for more than 2 years. Parties are still required to file for a divorce petition to the Malaysian court regardless of how long they are separated.
That said, either party can use this reason as a ground for a divorce if one wishes to start a divorce proceeding in Malaysia which we will elaborate further below.
To get a divorce in Malaysia, the only way is to file a divorce petition in the Malaysian court. This can be filed jointly or unilaterally.
How To File a Divorce Petition in Malaysia
Joint Petition for Divorce
For a joint application (joint petition for divorce), parties must agree on all the divorce terms before they can file for a divorce. In this application, there is no need to give any reason for divorce as long as both parties agree to the divorce terms. This process is generally faster and cheaper. You may read our previous article here to understand the process.
Single Petition for Divorce
For a single application (single petition for divorce), one must provide reason or ground for a divorce in Malaysia. In the event where both parties are separated for more than 2 years, one can use this reason as a ground to file for a divorce in Malaysia.
It is important to highlight again that separation of more than 2 years can be used as a ground for a divorce and the court must be satisfied that the separation of parties led to the breakdown of the marriage before the court grants the divorce.
FAQs: ‘Automatic Divorce’ in Malaysia
Q1: Is there such a thing as ‘automatic divorce’ in Malaysia?
No. Divorce is not automatic in Malaysia. Even if you and your spouse have been living separately for many years, you are still required to file a divorce petition to the Court to obtain divorce status.
Q2: If we are separated for more than 2 years, are we automatically divorced?
No. Separation for 2 years or more does not automatically end the marriage. But it is a valid ground to apply for divorce through the Court in Malaysia.
Q3: What is the proper way to get divorced in Malaysia?
You must apply to the Court. For non-Muslims, there are two ways:
- Joint Petition – both parties agree to divorce and settle all divorce terms (children, property, maintenance).
- Single Petition – one party files without the agreement of the other or if the other party cannot be contacted at all.
Q4: Can I remarry without filing for divorce?
No. You remain legally married until the court issues the final divorce order. You can only remarry once the divorce status is updated with the JPN.
Q5: How long does it take to get divorced in Malaysia?
- Joint Petition – usually takes 3 to 6 months.
- Single Petition – usually takes 6-12 months or longer, depending on the complexity of the divorce.
Conclusion
All in all, parties are required to provide reason or ground before he or she can file for a single petition for divorce in Malaysia and there is no ‘automatic divorce’ in Malaysia. Alternatively, there is no need to give a reason for divorce if the divorce terms are agreed by both parties when both parties are ready to file for a joint petition for divorce.
Therefore, it is highly advisable for parties to settle on the divorce terms and opt for a joint petition for divorce (or mutual divorce) to save time and cost in getting a divorce in Malaysia. You may request for your divorce lawyer to negotiate and seek for divorce settlement on your behalf in your best interest.
