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

January 27, 2026Filed under: Divorce & Family Law

Divorce in Malaysia Within 2 Years: What You Need to Know

This article explains how to end a marriage in Malaysia when the marriage is less than 2 years. It focuses on the legal rules, when divorce is allowed, and what option is available if divorce is not possible. This will help you understand whether you can file for divorce, what the court looks at, and what steps to take next.

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. 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.

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.

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.