Do You Need to Be Separated Before Filing for Divorce in Malaysia? Key Facts You Should Know
Your marriage has reached its end point and you are thinking to file for a divorce in Malaysia. You may also be wondering whether do you need to be separated before filing for divorce in Malaysia.
Interestingly, this is one of the most common questions we received as a divorce lawyer. So, what is the relevant law for divorce in Malaysia and if separation is really needed before you engage a divorce lawyer?
To answer this question, it is important to point out that it is more of a personal choice to stay separated from your spouse or not. There is no specific law that states the need to stay physically separated from your spouse before you file for a divorce in Malaysia for non-Muslim. You may still apply for a divorce if you are still staying with your spouse as long as the divorce is mutual.
That said, staying in separation for more than 2 years can be a ground for divorce if the divorce is not mutual (also known as single petition for divorce). Otherwise, there is no need to be separated before filing for a divorce if the divorce terms are agreed by both the husband and wife (also known as joint petition for divorce).
For instance, if you are constantly experiencing physical violence (or even verbal abuse) in a marriage and you cannot tolerate with the said violence, you have the choice to move away from your spouse before you decide to file for a divorce in Malaysia. You may then decide if the divorce will be a joint petition or single petition depending on whether if your spouse is agreeing to the divorce terms.
On one last note, it is also crucial to emphasize that even if parties are remained separated for more than 2 years, their marital status will still remain as married. That’s right. There is no ‘automatic’ divorce in Malaysia even if they are separated for more than 2 years and parties are still required to file petition for divorce where only the Malaysian court shall have the power to dissolve the marriage then.
In conclusion, here are the key facts you should know:
- Whether to be separated or not before a divorce, it is more of a personal choice
- Staying separated for more than 2 years can be a ground to file for a divorce later on (you need reason before you can file a single petition for divorce)
- There is no need to be separated and you do not need to provide any reason for a divorce if the divorce is mutual (joint petition for divorce)
In case of any doubt, it is advisable to seek for advice from a divorce lawyer to ensure that you are taking the right approach to end your marriage legally in Malaysia. In the event if the divorce is not mutual, it is best to seek for divorce settlement between parties in order to save time and cost for divorce.
Get Free Legal Advice & Quote From Our Divorce Lawyer via WhatsApp In Less Than 2 Working Hours Now
