How to File for Divorce in Malaysia Based on Unreasonable Behaviour
When You Need to Prove Ground for Divorce
Before we proceed with this article, it is important to note that there is no need to prove any ground or reason for divorce if the terms are mutually agreed between both husband and wife as long as the marriage is more than 2 years.
In Malaysia, unlike other countries, you will still need to prove ground or reason to file a divorce as a non-Muslim if the divorce is non-mutual. For example, even if both parties agree to get a divorce but there is no consensus on certain divorce terms, either parties can file a single petition for divorce.
In order to file a single petition for divorce, you will need to prove that the marriage broke down irretrievably. This is when you need to provide your ground(s) to file for a divorce.
You may read here on grounds for divorce in Malaysia accepted by the Court.
For this article, our discussion shall focus solely on the ground of unreasonable behaviour of spouses.
Unreasonable Behaviour as Ground for Divorce
This is the most commonly cited ground for divorce in Malaysia.
So, what does unreasonable behaviour means?
Here is the exact reading of Section 54(1)(b) of the Law Reform (Marriage and Divorce) Act 1976:
Proof of breakdown
(1) In its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage, the court shall have regard to one or more of the following facts, that is to say:
…
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
It is important to note that there is no definition on what constitute unreasonable behaviour in this situation and it is safe to say that the Court shall have full discretion on what is deemed as unreasonable behaviour.
In short, one has to prove to the Court that such behaviour is such that one cannot be reasonably be expected to continue to live with the spouse or to continue the marriage.
What May Constitute as Unreasonable Behaviour
Since there is no clear definition, here are few examples where the Court has allowed and granted a divorce order based on the unreasonable behaviour of one’s spouse.
- Alcoholic and drinking problem (causing physical violence in some cases)
- Aggressive and violent behaviour
- Causing psychological and mental distress
- Neglecting the family and not taking care of the children
- Non contribution to the household expenses or not working (as a husband)
- Sex or pornographic addiction
- Drug abuse or addiction
- Extramarital affair with colleagues or third party (not amounting to adultery due to lack of evidences)
Take note that this list is not exhaustive and each divorce case is unique in its own way. It is best to consult a divorce lawyer to understand better if your ground or reason is good enough to start a single petition for divorce.
Conclusion
As always, it is advisable to first seek for divorce settlement, whenever possible, to save time and cost before resorting to file a single petition for divorce. It is always good to first get parties to negotiate in order put an end to the marriage in a peaceful manner. Engaging an experienced divorce lawyer may be able to resolve conflicts between parties especially if parties are not in talking terms.
