- Preparation to proceed with Joint Petition divorce (both agreed mutually to divorce)
- Preparation to proceed with Single Petition divorce (only 1 party agree to divorce or no agreement to the term(s) of divorce)
- Family Court Application Form In Malaysia
Divorce Procedures In Malaysia
Procedures For Joint Petition Divorce In Malaysia
- 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.
- 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.
- 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.
- 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).
- 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 providing both parties agreed on all the 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 divorce is where 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. A single petition, on the other hand, is where both parties cannot agree on divorce or the terms of divorce. Commonly, the disputed terms would be child custody and maintenance of wife (or husband)/children.
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. 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 High Court of Malaysia by engaging a lawyer even if you are separated for more than 2 years with your husband/wife.
A joint petition divorce will normally cost much 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 only one (1) 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 and other issues.
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 prepare an affidavit (sworn statement) for you to affirm stating on the reason of your absence.
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/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 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.
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 file for a divorce in Malaysia based on desertion by your spouse for more than 2 years as a ground for divorce.
I was married by way of customary marriage in 1975 (before the incorporation of the Law Reform (Marriage & Divorce) Act 1976 and did not register my marriage with JPN. Is the marriage still valid under the law?
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.