Divorce in Malaysia – Simplified Guide for Mutual Divorce

Divorce in Malaysia – Simplified Guide for Mutual Divorce

Getting a divorce in Malaysia as a non-Muslim may seem to be a complicated and stressful process. This is especially true if there are children involved or if there is a dispute on assets. In fact, it can be straightforward (and less costly) if parties can come to an agreement to resolve disputes privately.

Here are few main things that parties must know before getting a divorce in Malaysia. Do take note that the below information will be useful for parties intending to get a mutual divorce (non-contested divorce).

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.

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