Divorce in Malaysia – Simplified Guide for Mutual Divorce (2026)

Joint Petition for Divorce in Malaysia: Step-by-Step Overview

A mutual divorce (joint petition) applies when both spouses agree on all terms of the divorce voluntarily.

This simplified guide explains how joint petition works in Malaysia for non-Muslim couples. It is intended for spouses who have agreed to end the marriage mutually and want to understand the legal requirements, process, and expected timeline.

In this guide, we outline who can file for a mutual divorce, the basic conditions that must be met, and the steps involved from filing the divorce papers to obtaining the divorce certificate. The information is presented in a clear and practical way to help you understand what to expect before starting the divorce process in Malaysia.

The infographic below provides a simplified overview of how a mutual divorce (joint petition) works in Malaysia for non-Muslim couples.

Summary of 8 Important Facts About Divorce in Malaysia

1. Your marriage must be 2 years or more

   You can only get a divorce if the marriage is more than 2 years unless you can show that your case is a special one where getting a divorce is the only option and there is no way the marriage can work any longer.

2. Joint petition for divorce is faster and cheaper compared to a single petition for divorce

   This means that if parties can come to an agreement on all the divorce terms or if there is no dispute on any term whatsoever, the process will be faster and cheaper.

3. No need to prove ground for divorce or attend marriage counselling

   There is no need for parties to show fault/reason to get a divorce or attend marriage counselling if all the divorce terms are agreed voluntarily by both husband and wife.

4. Signing of divorce papers

   Parties must agree and sign the divorce papers prepared by your divorce lawyer. The divorce papers will basically state all essential terms and conditions of the divorce including custody, maintenance of spouse and children, division of matrimonial properties and others.

5. Attending the court hearing

   Parties must attend the court hearing after signing of the divorce papers assisted by your divorce lawyer in the High Court/Session Court of Malaysia. Exemption can be granted subject to the discretion of the court.

6. Online court hearing

   After the COVID-19 pandemic, the court may allow court hearing to be conducted online. Again, this is subject to the discretion of the court.

7. Issuance of divorce certificate

   After the completion of the court hearing, the court will only issue the divorce certificate 3 months later after the court hearing under the law. Parties may apply to skip the 3 months period with valid reason.

8. Update of divorce status with JPN

   Your divorce lawyer will then update your divorce status with the Jabatan Pendaftaran Negara (JPN). Once this is completed, you will receive a confirmation letter from JPN. With this, one can remarry again anytime.

If getting a divorce is inevitable, it is best for parties to resolve their differences privately or assisted by a divorce lawyer to ensure that the rights and interest of parties are protected. This will also ensure that parties are not burdened by expensive legal fees and to go through a stressful court process.

If the divorce is not mutual for any reason, you may read here to find out more on the simplified guide for non-mutual divorce in Malaysia.

It is advisable to always seek for professional advice from a divorce lawyer so you can be informed about your options before you start the divorce process.

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