How To Get Divorce In Malaysia

How To Get Divorce In Malaysia

(Updated in June 2022)

You might be asking how to get divorce in Malaysia. Then you should continue to read this article.

Essentially, to get divorce in Malaysia, both parties must be married for more than 2 years before you can proceed to file for divorce (unless you can prove exceptional circumstances).

Next question is, does both parties agree to divorce?

If your answer is yes, both parties must come to an agreement on all the essential terms including custody and maintenance of children (if there are children involved), spousal maintenance and division of properties (if there is any property involved). Both parties may include other agreed terms such as repayment of loan, specific visitation hours of children etc.

It is also essential to know that there is NO REASON required for divorce if both parties agreed to get a divorce and all divorce terms are agreed upon.

In short, if both parties agreed to divorce, it is advisable to agree on all the terms before you contact your divorce lawyer in order to proceed to prepare the divorce petition. This can save not only your time, but money as well.

On the other hand, if there is no way both parties can reach an agreement on any term, then you will have to discuss with your divorce lawyer in which you will be advised to file a single divorce petition in Malaysia.

In filing a single divorce petition, you will need to prove your ground for divorce in which the Court will then decide on your claims against the other party. In a single divorce petition, it will take slightly longer time to complete depending on the complexity of the case compared to a joint divorce petition.

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