5 Misconceptions About Divorce In Malaysia (2025)

5 Misconceptions About Divorce In Malaysia

(Updated in January 2025)

1. You cannot get a divorce in Malaysia if you are married for less than 2 years

   Not true. Although it is clearly stated under the law that you must be married for at least 2 years before you can start a divorce proceedings, you can still get a divorce in Malaysia if you are married for less than 2 years if you can show to the Court that you are experiencing ‘exceptional hardship or circumstances’. This can be either past, present or future hardship such as physical abuse/domestic violence or even mental/emotional abuse. Alternatively, you may consider annulment of marriage in Malaysia if your marriage is less than 2 years, provided you have the ground to file for an annulment in Malaysia.

2. Half of my assets will go to my wife automatically if I apply for a divorce in Malaysia

   For all claims in the Court, it must be proven. The Court will assess the contributions of parties (monetary and non-monetary contributions) towards acquiring the properties, debt owing by either parties, needs of any minor children and subject to these factors, the Court is inclined towards equality of division. In other words, one still needs to prove his/her claim in the Court.

3. Must separate for 2 years to start the divorce process in Malaysia

   Again, this is not true. Both parties are NOT required to be separated for 2 years, if both parties agreed to get a divorce in Malaysia. That said, this can be a ground for you to proceed to file for a divorce in Malaysia if the divorce is not mutual (ie single petition for divorce). You may also use other ground to file a divorce such as unreasonable behaviour of your spouse in a single petition. You can read here for more information on the grounds to file a single petition divorce in Malaysia.

4. You will get divorce ‘automatically’ in Malaysia if you are separated from your spouse for 2 years

   There is NO ‘automatic’ divorce in Malaysia. All divorce applications must be filed to the Court in Malaysia and only the Court has the power to dissolve marriages in Malaysia or grant a divorce order. So, you still have to file a divorce petition to the Court in order to get a divorce officially in Malaysia. Also, you cannot apply for a divorce in Jabatan Pendaftaran Negara (JPN) and you can only do so by filing a divorce petition to the Court.

5. You cannot get a divorce in Malaysia if your marriage is registered overseas

   Not true. The High Court in Malaysia have the jurisdiction or power to grant a divorce order if parties are legally married abroad, domiciled in Malaysia and if the marriage is monogamous registered under valid foreign laws.

These are the 5 most common misconceptions about divorce in Malaysia that we get constantly.

Therefore, it is important to get the right information in Malaysia pertaining to a divorce from a qualified divorce lawyer.

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