How To End Marriage In Malaysia If My Marriage Is Less Than 2 Years

May 18, 2026Filed under: Divorce & Family Law

Table of Contents

Quick Summary

In Malaysia, non-Muslim couples have 3 main legal options when a marriage breaks down: divorce, annulment, and judicial separation. A divorce legally ends the marriage, while an annulment declares that the marriage was never valid in the first place if specific legal grounds are met. A judicial separation allows parties to live separately legally although their marriage is still valid.

How to End a Marriage in Malaysia if It Is Less Than 2 Years

You just got married and your marriage is less than 2 years.

The marriage seems to be fine at first but you found out that the relationship is not working well for some reasons.

Now you wish to call it a ‘quit’. Question is, can you end the marriage in Malaysia if your marriage is less than 2 years?

What options do you have?

First Option: Divorce

Generally, the law in Malaysia is clear that non-Muslim couple cannot get a divorce if the marriage is less than 2 years unless there is an exceptional circumstances or hardship suffered by the applicant.

In short, the Court may not allow a divorce if the reason is trivial such as usual disagreements or verbal fights. However, reasons that may be considered by the Court are such that the Court thinks it is so serious that a divorce must be granted. This may include serious case of domestic violence or drug abuse. Take note that there is a need to ask for special permission for divorce from the Court if your marriage is less than 2 years and your divorce lawyer will need to prove your case then.

Second Option: Annulment

You may have heard that you can get an annulment. But what is an annulment?

To put it simply, annulment means to get the Court to declare that the marriage never legally existed in the first place. You can apply for an annulment even if your marriage is less than 2 years but here is the catch. You are only eligible to apply for an annulment if you meet any of the grounds for annulment in Malaysia.

Here are the grounds explained in simple words. You may apply for annulment if:

There is no physical intimacy at all due to the inability of your spouse
There is no physical intimacy due to the refusal of your spouse
There is no voluntary consent to get into the marriage from either one of you
Either party may be suffering from mental illness even though he or she is capable of giving a consent to get into the marriage
Your spouse has sexually transmitted diseases during the time of marriage but you are not informed about it
Your spouse is pregnant at the time of marriage by some other person

So, if you fall into any of the above-mentioned grounds, you may apply for an annulment in Malaysia even if your marriage is less than 2 years.

Third Option: Judicial Separation

Judicial separation is another option available for non-Muslim couples in Malaysia under section 64 of the Law Reform (Marriage and Divorce) Act 1976. It allows the court to order that a husband and wife no longer need to live together, but it does not end the marriage legally. This means both parties are still legally married and are not allowed to remarry unless they later obtain a divorce order.

There is no minimum marriage duration requirement, so you can apply for judicial separation even if the duration of your marriage is less than 2 years. The grounds to apply are the same grounds used for a single petition divorce, such as adultery, unreasonable behaviour, desertion for more than 2 years, or living separately for more than 2 years.

People may choose judicial separation for cultural, religious, financial, or personal reasons, especially when they do not want to formally end the marriage but can no longer live together. Once granted, the couple is no longer required to stay with each other, and the court can also make orders on child custody, maintenance, and division of matrimonial assets, similar to a divorce case.

Key Takeaways

Divorce under 2 years is possible but only in serious cases, and the court usually won’t allow it unless there is some form of hardship suffered by the applicant.
You must prove hardship or serious problems, such as serious domestic violence, drug abuse, or other severe issues.
If divorce is not possible, annulment may be an option, which means the court declares the marriage never legally existed.
Annulment is only allowed if specific legal reasons apply, like no consent, refusal or inability for intimacy, mental illness, hidden STDs, or pregnancy by another person.
Judicial separation may be allowed if one can prove his/her ground for judicial separation and parties are allowed to be legally separated although their marriage is still valid.

Essentially, you may apply to the Court for a divorce if you can prove that your situation is one that is exceptional or you are suffering from any kind of hardship even if your marriage is less than 2 years. On the other hand, you may also consider to get an annulment if you can show that you fall into any of the grounds mentioned above in order to end your marriage in Malaysia. That said, it is best to get advice from a qualified divorce & family lawyer in Malaysia to assess your situation in order to get the best advice in moving forward to end your marriage.

Frequently Asked Questions About Divorce Within 2 Years of Marriage

1. Can I get a divorce in Malaysia if my marriage is less than 2 years?

Generally, no. Malaysian law does not allow divorce within the first 2 years of marriage, unless special permission is given by the Court.

2. Are there any exceptions?

Yes. The Court may allow divorce if there is exceptional hardship or serious circumstances, such as abuse or extreme behaviour.

3. Do both husband and wife need to agree?

Even if both parties agree, court permission is still required if the marriage is less than 2 years. The Court will determine is there is any hardship suffered or if there is any serious circumstances.

4. What type of divorce can I file?

Depending on the situation, you may file:

a joint petition (both agree), or
a single petition (only one party wants the divorce),
but only after getting court approval.