Divorce Procedures in Malaysia

Divorce Process in Malaysia: An Overview

Divorce in Malaysia follows a legal process, and the steps depend on whether both husband and wife agree to the divorce. If both parties agree on matters like child custody, maintenance, and property, the divorce can be done through a joint petition, which is usually faster and more affordable. If one party does not agree, the divorce must be filed through a single petition, which takes longer and involves more court procedures.

We will explain the divorce procedures in Malaysia here in details.

Procedures for Joint Petition Divorce in Malaysia

1. Our divorce lawyer shall advise both parties and confirm the agreed terms between both parties upon divorce such as issue of custody (if there is any child), maintenance of wife/children, division of properties etc.
2. Once the essential terms are agreed upon, our divorce lawyer shall prepare the divorce petition and other legal documents to be signed by both parties before/infront of the Commissioner for Oath.
3. Then the duly signed divorce petition and other legal documents will be filed into the Court and the Court will fix a date for hearing of the petition. Both parties must attend the hearing of the petition. If you cannot attend for whatsoever reason, you may seek further advice from our divorce lawyer.
4. On the date of hearing, the Court will give a divorce order after the Court is satisfied that all essential terms are agreed between the parties. Bear in mind that the divorce order (known as decree nisi – temporary divorce order) will only be absolute (final) 3 months from the date of decree nisi (in other words, the divorce order will only be official after 3 months from the date of Court hearing under the law of Malaysia).
5. Once the decree nisi is absolute after 3 months, you will obtain the divorce certificate from our divorce lawyer. Our divorce lawyer will then assist to update the Jabatan Pendaftaran Negara (JPN) Malaysia on the divorce status free of charge.

Frequently Asked Questions: Joint Petition for Divorce

Procedures for Single Petition Divorce in Malaysia

1. You will need to attend the marriage counselling with the JPN first before you can file a single petition for divorce in Malaysia under the law. You may read here to find out more about the marriage counselling with the JPN before filing a single petition.
2. Once the marriage counselling is completed, our divorce lawyer will start to prepare the single petition for divorce. You will need to provide reason or ground for divorce in a single petition.
3. After the single petition is signed and filed to the Court, the Court shall fix case management dates accordingly. This is to ensure that the single petition is served or sent to the other party accordingly so that he/she is aware of the divorce proceedings.
4. In the event if the other party cannot be contacted or found for any reason, the Court may order to advertise the divorce petition on the newspapers or any other methods deemed fit by the Court.
5. The other party will have the opportunity to appoint a lawyer to defend his or her case. The Court will ensure that both parties are given sufficient time to prepare and defend their own respective cases.
6. Once all replies are completed, the Court will proceed to fix a date of hearing or trial in order for the Court to determine the issues and to question the involved parties. The Court will also determine if divorce shall be granted based on the ground for divorce.
7. After the hearing or trial, the Court will decide to grant a divorce order or not as well as determining on the issue on custody, maintenance of children, maintenance of spouse, and division of assets accordingly.
8. Divorce order (known as decree nisi – temporary divorce order) will only be absolute (final) 3 months from the date of decree nisi (in other words, the divorce order will only be official after 3 months from the date of Court hearing under the law of Malaysia).
9. Once the decree nisi is absolute after 3 months, you will obtain the divorce certificate from our divorce lawyer. Our divorce lawyer will then assist to update the JPN on the divorce status free of charge.

Frequently Asked Questions: Single Petition for Divorce

Grounds for Divorce in Malaysia

In Malaysia, divorce can be filed either as a joint petition (mutual divorce) or a single petition (non-mutual divorce).

• For a joint petition, both parties agree to the divorce and there is no need to give a reason or prove any fault. This is the fastest and most affordable option for divorce.
• For a single petition, the person filing the divorce must show that the marriage has broken down and provide one of the legal grounds allowed by law, such as adultery, unreasonable behaviour, desertion, or separation.

Main Divorce Terms to Be Decided in Malaysia

When going through a divorce in Malaysia, these are the 4 main divorce terms you should understand and decide in the course of a divorce:

Custody of Children

Child custody refers to who the child will live with and who will make major decisions for the child, such as education and medical matters. The court’s main focus is always the best interest and welfare of the children.

Under the law in Malaysia, there is a presumption that custody of children is better to be with the mother if the child is under the age of 7.

However, this presumption can be challenged if the father can prove that the mother is not a suitable or fit parent. For example, if the mother is neglectful, abusive, or unable to provide proper care, the court may decide to award custody to the father instead.

Maintenance of Wife or Alimony

Maintenance of wife means financial support paid by the husband to the wife after divorce, if applicable. This depends on factors such as the wife’s financial needs, her ability to earn, and the standard of living during the marriage. This must also depends on the affordability of the husband and taking into account of his expenses.

In short, the court will always assess the means and needs of parties accordingly in the event of a dispute.

Maintenance of Children

Maintenance of children is the financial responsibility of both parents to support their children. This includes daily expenses such as food, education, medical needs, and other reasonable costs, regardless of which parent has custody.

Under the law, both parents are legally required to support their children after a divorce. This includes providing money for daily living expenses, education, medical care, and other basic needs. The court can order the parent who is not living with the child to pay child maintenance.

Once again, the court will decide based on the means and needs of parties to ensure that the amount of maintenance is fair and reasonable.

Division of Matrimonial Assets

Division of matrimonial asset involves how assets acquired during the marriage are shared between husband and wife. This may include the family home, savings, vehicles, and other assets. The court will consider factors like each party’s contribution and the needs of the family when deciding how property should be divided.

In a non-Muslim divorce in Malaysia, the court considers both monetary contributions (such as direct payments for the asset) and non-monetary contributions (such as caring for the family, raising children, managing the household, or supporting the spouse’s career).

The court will also look at factors such as the length of the marriage, each party’s financial needs, and the welfare of the children. The goal is to divide the assets in a way that is fair and reasonable based on the circumstances.

Frequently Asked Questions About Divorce Law & Process in Malaysia

How non-Muslim divorce works in Malaysia?

For non-Muslim to get a divorce in Malaysia, spouses must first decide if the divorce is mutual or non-mutual.

For mutual divorce, both spouses can file a joint petition for divorce. This is relatively easier and cheaper option.

For non-mutual divorce, either one of the parties can file a single petition for divorce. This process will be done unilaterally and usually lengthier and more costly.

Divorce application for non-Muslims must be filed to the Court in Malaysia for the Court to grant a divorce order.

How long does it take for a divorce to finalize in Malaysia?

For a divorce to be finalized in Malaysia, it will essentially depend on the nature of the divorce proceedings i.e. if it is a joint petition or single petition for divorce. For a joint petition, it is relatively faster and normally will take less than 3 months provided both parties agreed on all the divorce terms. For a single petition, it will take around 6 to 9 months or more depending on the complexity of the divorce case.

What is joint petition and single petition for divorce in Malaysia?

A joint petition for divorce is a divorce process where both parties agree to all the divorce terms voluntarily. There will be no dispute whatsoever.

On the other hand, a single petition for divorce is a divorce process where only party file for a divorce considering the other party is not agreeing to the divorce or if the other party cannot be found etc. Single petition for divorce is usually advisable in the event if there is no mutual consent to get a divorce.

Do I need to be married for at least 2 years before I can get a divorce in Malaysia?

Yes, your marriage must be registered for more than 2 years before you can file for a divorce in Malaysia. That said, you can apply for special permission in the court to get a divorce within 2 years if you can prove that there is exceptional circumstances in your marriage.

Do I get to divorce ‘automatically’ if I am separated from my husband/wife for more than 2 years in Malaysia?

There is no ‘automatic’ divorce in Malaysia. Only the Court has the power to dissolve a marriage and parties must file for a divorce in the Court even if they are already separated for more than 2 years.

How much does it cost to get a divorce in Malaysia?

Generally, a joint petition for divorce will be much cheaper compared to a single petition for divorce. You may get quote from our divorce lawyer via the form below or WhatsApp our divorce lawyer directly for free divorce consultation and quotation.

What is the cheapest and fastest way to get a divorce in Malaysia?

Filing a joint petition for divorce (mutual divorce) is the cheapest and fastest way to get a divorce in Malaysia for non-Muslims. Parties are required to come to an agreement on all the divorce terms in order to file a joint petition. Divorce terms that must be agreed upon are custody of children, maintenance of wife & children, and division of matrimonial assets.

Can I get a divorce in Malaysia without a lawyer?

Self representation is possible for divorce in Malaysia but you must be well versed with the court process. The court may require parties to appoint a divorce lawyer due to the complicated divorce process in Malaysia. Therefore, it is not recommended considering the complexity of the divorce process and preparation of the legal divorce documents. You may read here to find out how we can assist with your divorce at nominal fees.

Where to file a divorce petition in Malaysia?

Divorce petition is filed in the Court of Malaysia (Sessions or High Court of Malaysia). If you are based or residing in KL or Selangor, divorce petition shall be filed in the Family Court (Mahkamah Keluarga) where divorce hearings will be held in.

How can I get a divorce if we are living in different states in Malaysia?

Parties can still get a divorce even if they are residing in different states in Malaysia. For example, if the wife is residing in Penang and husband is residing in Johor Bahru, they can decide to file the divorce petition in either Penang court or Johor Bahru court.

At TYH & Co., we do offer affordable divorce services in and out of KL & Selangor.

Do I have to attend Court for a divorce?

Parties intending to get a divorce in Malaysia must attend the Court hearing physically or online now (if you are not in Malaysia and residing overseas). Parties will be assisted by our divorce lawyer during the Court hearing for the application of divorce to ensure that the divorce process is carried out efficiently.

Can I skip the Court attendance for joint petition divorce?

Court attendance is compulsory. If you cannot attend the Court for any reason, it is best to communicate the reason and our divorce lawyer will apply for an exemption from the Court hearing. Take note that the exemption from the Court hearing is entirely the discretion of the Court.

Can I seek for maintenance of wife (alimony) from my husband after divorce?

Yes, you may. The amount must be based on the means and needs of parties. Essentially, it must be reasonable depending on the affordability of your husband.

As a wife, can I claim for maintenance (alimony) if I am working?

Yes, you can still claim for maintenance of wife if you are working and the amount of maintenance must be reasonable based on the means and needs of both parties. The Court will also look into other factors such as the main reason for the breakdown of the marriage in determining the amount.

Can I still seek for maintenance of children if my husband refused to pay maintenance?

Yes, you may. Your husband has the responsibility to pay for the maintenance of children under the law. Again, the amount must be based on means of parties and needs of the children.

Can I still claim for maintenance of wife (alimony) if I don’t have any children from the marriage?

Yes, you can still claim for maintenance of wife (alimony) even if you don’t have any children. If you have children, you can claim both maintenance of wife (for yourself) and maintenance of children if you are taking care of the children.

How will the Court decide on the custody of children?

The law is clear that the custody of children below the age of 7 shall belong to the mother. That said, if the mother is shown to be unfit as a parent, the father may be granted the custody of children. Essentially, the court will decide the custody of children primarily based on the welfare of children.

Can I apply for custody of my children first before divorce application?

Yes, you can. This is commonly known as interim custody application and you can file this application first before the actual divorce proceedings in Malaysia to secure the custody of your children.

You may read here for more information about the law on custody of children in the event of a divorce for non-Muslims.

Can I apply for divorce if my husband/wife has committed adultery?

Yes, you can. If you are able to prove adultery and the fact that this adultery has caused the breakdown of the marriage, you can claim for damages (compensation) from the alleged adulterer.

Do I need to live apart from my husband/wife for more than 2 years to get a divorce?

There is no need for physical separation if you have other reason for divorce such as the unreasonable behaviour of your spouse. If there is none, it is advisable to remain separated for more than 2 years since this may be a ground to file for a divorce later on.

Do I need to prove to the Court why I want to divorce in Malaysia?

If the divorce is mutual and all divorce terms are agreed upon, there is no need to prove to the Court on the reason or ground to apply for a divorce. On the other hand, if there is no mutual consent, you need to show reason or ground to apply for a divorce in Malaysia.

For single petition divorce, what are the grounds available for divorce in Malaysia?

In short, the applicant needs to show any of the ground below to apply for a divorce in Malaysia:

• That the respondent committed adultery
• That the respondent has unreasonable behaviour
• That the respondent has deserted the applicant for more than 2 years
• That the applicant and respondent have been living apart separately for more than 2 years

Do I need to attend Jabatan Pendaftaran Negara (JPN)’s reconciliation body for marriage counselling?

There is no need to attend the said counselling if the divorce terms are mutually agreed and parties agree to get a divorce (Joint Petition).

However, if any party doesn’t agree to the divorce, parties are required to attend the said counselling first before any party can start to file for divorce in Malaysia (Single Petition).

Do I still need to attend the marriage counselling with the JPN if I have attended it many years ago?

Yes, you need to attend it again if the marriage counselling sessions done are more than 2 years ago before you can file a single petition for divorce.

In short, it is best to file a single petition for divorce as soon as you obtain the certificate from JPN indicating that parties cannot be reconciled (known as KC 29).

You may read here for more information on what to expect during the marriage counselling with the JPN and under what circumstances you can apply to skip it.

Is it true that I can claim half (1/2) share of my husband/wife assets after divorce in Malaysia?

The amount of shares you are able to claim is based on the amount of your contribution towards the assets. These contributions shall include both monetary and non-monetary contribution. That said, the court will also consider other factors in making a fair division of assets although the contribution of parties shall be the main consideration.

Can I file a divorce in Malaysia if I am married in other country?

Yes, you can if you are domiciled in Malaysia (permanently residing in Malaysia). The marriage must be a non-polygamous marriage registered under valid law of the foreign country.

My husband/wife left me for more than 2 years and I do not know where is he/she. Can I file for a divorce in Malaysia?

Yes, you can. The only option available if you do not know the whereabout of your spouse is to file for single petition for divorce.

Can I get a divorce in Malaysia if my spouse is a foreigner (from China, Vietnam, Thailand & etc) and left Malaysia?

Yes, you can. The divorce process is similar as above as long as you are domiciled (based) in Malaysia and registered your marriage under the Malaysian law. You may contact our divorce lawyer to understand your options and rights better.

What happens to our joint loan for purchase of property in Malaysia if we get a divorce?

Both parties are required to continue to make repayment for their loan and decide how they wish to deal with the property after the divorce. They can choose to sell it or transfer it to the other spouse, as they deem fit. In the event if there is no agreement, the Court will decide based on contribution of parties in deciding the division of the property based on who paid for the loan more.

How to Start Divorce Process in Malaysia

To file a divorce petition in Malaysia, you will need to appoint a divorce lawyer to start preparing the divorce petition on the agreed divorce terms. The essential terms that parties must come to an agreement are:

• Custody of Children
• Maintenance of Children
• Alimony or Spousal Maintenance
• Division of Matrimonial Assets

If there is no agreement yet, it is advisable to start with a divorce proposal to start on the negotiation process in order to save time and cost for divorce.

Fill up the form via the link below (whichever applicable) on the agreed terms or terms you wish to propose and our divorce lawyer will review and advice you accordingly.

1. Start Joint Petition for Divorce in Malaysia (both agreed mutually to divorce)
2. Start Single Petition for Divorce in Malaysia (only 1 party agree to divorce or no agreement to the term(s) of divorce)
3. Family Court Application Form In Malaysia

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