How To Get Divorce In Malaysia
Overview of Divorce Process
In Malaysia, the law of divorce is governed by the Law Reform (Marriage & Divorce) Act 1976 for non-Muslims. In this post, we will share on how to get a divorce in Malaysia during this difficult time specifically for non-Muslim Malaysians.
Getting a divorce in Malaysia can be done in 2 ways. Parties can opt to file a joint petition (mutual divorce) or file a single petition (non mutual divorce). In this post, we will simplify the divorce process and focus on the most common way to file a divorce ie joint petition.
Divorce Process in Malaysia
1. Firstly you need to appoint a divorce lawyer. You may get free divorce consultation and quotation from our divorce lawyer now below.
2. Next, you will need to get these documents prepared before meeting our divorce lawyer.
- Marriage Certificate in Malaysia
- Your Children’s Birth Certificate (If any)
- Property Titles & Details (If any)
3. Subsequently, you may proceed to fill up the divorce form here so we can review and guide you accordingly.
4. Then our divorce lawyer will determine if both parties agree or only one party agrees to the divorce. If both parties agreed to get a divorce, our divorce lawyer will proceed to file a joint petition.
However if any one of the parties does not agree, you may still proceed with a single petition. Before one can file a single petition, you will need to attend marriage counselling sessions with the JPN as required by the law.
5. Assuming a joint petition is filed and both parties agreed to all the terms of divorce (amount of maintenance of spouse & children, custody of children, division of matrimonial properties etc.), our divorce lawyer will proceed to get an order from the Court to dissolve the marriage.
On the other hand, if a single petition is filed, you will need to satisfy the Court on the ground for divorce in Malaysia. If this can be proven, the Court will grant a divorce order to dissolve the marriage.
6. Once you have a divorce order from the Court, our divorce lawyer shall proceed to apply for a divorce certificate on your behalf. You may then proceed to the JPN to update your divorce status.