How To Get Divorce In Malaysia
Getting a Divorce in Malaysia as a Non-Muslim
You might want to get divorce in Malaysia or you are contemplating to end your marriage. What should you do to get a divorce in Malaysia as a non-Muslims? What are the right steps to take and what are my rights?
Your Marriage Must Be More Than 2 Years
Essentially, to get divorce in Malaysia as non-Muslims, both parties must be married for more than 2 years before you can proceed to file for divorce (unless you can prove exceptional circumstances). You can read here to find out how to end your marriage if your marriage is less than 2 years.
Mutual or Non-Mutual Divorce
Next question is, does both parties agree to get a divorce?
If your answer is yes, both parties must come to an agreement on all the essential terms including custody and maintenance of children (if there are children involved), spousal maintenance (or alimony) and division of properties (if there is any property involved). Both parties may include other agreed terms such as repayment of loan, specific visitation hours of children etc.
It is also essential to know that there is NO REASON required to file a divorce if both parties agreed to get a divorce and all divorce terms are agreed upon.
In short, if both parties agreed to divorce, it is advisable to agree on all the terms before you contact your divorce lawyer in order to proceed to prepare the divorce petition. This can save not only your time, but money as well.
On the other hand, if there is no way both parties can reach an agreement on any term, then you will have to discuss with your divorce lawyer in which you will be advised to file a single divorce petition in Malaysia.
Before you can file a single petition for divorce in Malaysia, it is important to take note that you will need to undergo marriage counselling with the JPN first and try to reconcile. Only if the JPN (Marriage Tribunal) certifies that the couple cannot be reconciled, either party can proceed with the single petition. You can read here for more info about the requirement to attend marriage counselling before you can file a single petition divorce in Malaysia.
In a single petition for divorce, you will need to prove your ground(s) for divorce in which the Court will then decide on your claims against the other party. In a single divorce petition, it will take slightly longer time to complete depending on the complexity of the case compared to a joint divorce petition.
You may read here for more on the grounds to file a single petition for divorce in Malaysia.
How To Start Divorce Process in Malaysia
It is always advisable to seek for divorce settlement, whenever possible. This will not only save time but you will save on legal costs as well.
Hence, in the event if there is any disagreement on any divorce terms, it is best to seek assistance from a divorce lawyer to start on a divorce proposal. This may help in resolving the disputes between parties and parties can freely negotiate on the terms to reach an amicable settlement to file a joint petition for divorce.
Divorce Process in Malaysia for Non-Muslims
Guide for non-Muslims Divorce in Malaysia (Simplified)
- Parties must appoint a lawyer to prepare a joint petition or single petition for divorce. Attend the marriage counselling with the JPN first if the divorce is non-mutual as mentioned above.
- Sign the divorce petition and other relevant divorce papers prepared by a divorce lawyer.
- The signed divorce petition (together with other relevant documents) will be filed to the Court in Malaysia for processing and a hearing date shall be fixed.
- The Court shall grant the divorce if all documents are in order during the date of hearing.
- Divorce certificate will be issued by the Court 3 months after the divorce hearing.
- Update divorce status with the JPN once the divorce certificate is issued.
Get more info and free consultation from our divorce lawyer now on how to proceed with the divorce in Malaysia.