Divorce procedures in Malaysia and frequently asked questions about divorce in Malaysia by TYH & Co. Best and Professional Divorce Law Firm In KL Selangor Malaysia

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

FAQs (Infographics)

Frequently Asked Questions About Joint Divorce Petition In Malaysia by TYH & Co. Best Divorce Lawyer And Law Firm In KL Selangor Malaysia [Eng] Frequently Asked Questions About Joint Divorce Petition In Malaysia by TYH & Co. Best Divorce Lawyer And Law Firm In KL Selangor Malaysia [Chinese] Frequently Asked Questions About Single Divorce Petition In Malaysia by TYH & Co. Best Divorce Lawyer And Law Firm In KL Selangor Malaysia [Eng] Frequently Asked Questions About Single Divorce Petition In Malaysia by TYH & Co. Best Divorce Lawyer And Law Firm In KL Selangor Malaysia [Chinese]

Divorce Procedures In Malaysia

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 High Court of Malaya and the High 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 High Court will give divorce order once the High Court is satisfied that all essential terms are agreed between the parties. Bear in mind that the decree nisi will only be absolute 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.

Divorce Procedures in Malaysia: FAQs

For a divorce proceedings to be finalized, it will essentially depends on the nature of the divorce proceedings i.e. if it is a joint petition or single petition of 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 case.
A joint petition for divorce is filed when both parties agreed to divorce and agreed on all the terms of divorce such as custody, maintenance of wife/children and division of matrimonial property. On the other hand, a single petition for divorce is filed when one party does not cooperate or cannot be found or if there is no agreement on any of the divorce terms.
Yes. That said, you can also get divorced if you can show to the Court that there is an exceptional circumstance or hardship suffered even if your marriage is less than 2 years. For example, if you can prove that spouse is violent and abusive.
No. There is no 'automatic' divorce in Malaysia. You will still need to apply for divorce in the Court of Malaysia by engaging a lawyer even if you are separated for more than 2 years from your husband/wife.
A joint petition for divorce will normally cost much lesser than a single petition for divorce since in a joint petition, there would not be any dispute or disagreement. We are also committed to providing fixed and affordable legal fee in Malaysia for divorce with no hidden charges so that you can make practical payment arrangements.
Yes. For a joint petition for divorce, you only need to attend the Court for hearing one (1) time only. For a single petition for divorce, you need to attend the Court multiple times for case management. You may be represented by your lawyer during case managements and your presence is only required during the hearing/trial.
No. Both parties need to attend the High Court for a joint petition so that the Judge can be sure that both parties mutually consented to the divorce. If you really cannot attend the Court, you need to provide a good reason for not attending and your divorce lawyer shall apply for your exemption from the court hearing. Take note that the Court shall have full discretion on this.
Yes. You can seek for maintenance from your husband in your divorce petition.
In a joint petition divorce, both parties can come to an agreement on an amount of maintenance payable to the wife. There are cases where both parties agreed that no maintenance need to be paid! In single petition divorce, the amount of maintenance that you can claim from your husband depends on the means and needs of the wife. Practically, the Court will also assess if the husband can afford to pay the amount claimed.
Yes, you can get a Court order to compel your husband to pay for the wife and/or children maintenance.
In a joint petition for divorce, both parties can freely decide on who shall have the child custody (or joint custody). For a single petition divorce, the High Court will decide based on which is the best welfare and interest of the child. It is also important to note that in Malaysia, a mother will be favored to be given the child custody if the child is below the age of 7.
Yes. Under the divorce law of Malaysia, you can rely on the ground of adultery to file a single petition for divorce and claim compensation from the third party (if you can prove your case).
No. You can still get divorce order from the Court if both parties agreed to the divorce even if you are still staying together.
If both parties agreed to divorce, there is no need to prove to the Court the reason/ground for divorce. If one of the party does not agree to divorce / agree to any of the terms for divorce, then you need to show grounds for divorce in the Court.
Under the Law Reform (Marriage & Divorce) Act 1976, you can seek for divorce based on 4 grounds ie adultery, unreasonable behaviour of your husband or wife, desertion for more than 2 years or both lived apart for more than 2 years.
Yes. For single petition for divorce, you need to get a certificate/letter (also known as KC29) from JPN's conciliatory body (marriage tribunal) to prove that both parties cannot be reconciled. However this requirement is not required for a joint petition for divorce in Malaysia.
No this is not true. The Court will first assess how much a party has contributed to the property monetarily. If there is no monetary contribution, the Court will assess on the non-monetary contribution such as taking care of children etc.
Yes provided that you can prove to the Court in Malaysia that you are domiciled (based or residing) in Malaysia.
Yes. You can file for a divorce in Malaysia based on the ground of desertion by your spouse for more than 2 years.
Yes. The 1976 Act was enforced officially on the 1st of March 1982. All marriages (customary or religious marriages) are valid under the law before 1st of March 1982 even if it is not registered under the Act and can only be dissolved by the High Court, death of either party or by annulment of the High Court in Malaysia.
The rationale behind the 3 months 'cooling down' period is to encourage parties to think twice and reverse their decision if they want to in order to save their marriage. If there is no application to set aside the divorce decree made by the Court, the divorce will be finalized 3 months after the court hearing under the law.
Our divorce lawyer will assist to update the divorce status with the Jabatan Pendaftaran Negara (JPN) Malaysia free of charge.

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