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Divorce Procedures in Malaysia
For a divorce proceedings to be finalized, it will essentially depends on the nature of the divorce proceedings ie if it is a joint petition or single petition of divorce. For a joint petition, it is relatively faster around 3 to 6 months. For a single petition, it will take around 12 months or more depending on the complexity of the case.
A joint petition divorce is where both parties agreed to divorce and agreed on all the terms of divorce such as custody, maintenance and property issues (just like both parties agreed on all issues and sign the contract). A single petition, on the other hand, is where both parties cannot agree on divorce or the terms of divorce. Most commonly would be child custody and maintenance of wife (or husband)
Yes. However, you can also get divorced if you can show to the High Court that there is an "exceptional circumstance or hardship" suffered even your marriage is less than 2 years.
Normally, a joint petition divorce cost lesser than a single petition divorce since in a joint petition, there would not be any dispute or disagreement. We are also committed to provide fixed and affordable divorce lawyer fee in Malaysia with no hidden charges so that you can make practical payment arrangements.
Yes. For a joint petition, if there is no pending issues, you only need to attend the Court one time. For a single petition, you need to attend the Court more than once if required by the Court to resolve the issues such as custody of child or maintenance.
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.
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 might also assess if the husband can pay the maintenance claimed by his wife.
Yes, you can get a Court order to compel your husband to pay for the wife and/or children maintenance.
In a joint petition divorce, both parties can freely reach an agreement 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 support your application for divorce.
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 cannot agree to divorce / agree to the terms of divorce, then you need to show to the Court why you are seeking for divorce.
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, you need to get a certificate from JPN's conciliatory body to prove that both parties cannot be reconciled. However this requirement is not required for a joint petition 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 High Court in Malaysia that you are domiciled (based or residing) in Malaysia.
Yes. You can file for a divorce in Malaysia based on desertion by your spouse for more than 2 years as a ground for divorce.