FAQs

1. Preparation to proceed with Joint Petition divorce (both agreed mutually to divorce)
2. Preparation to proceed with Single Petition divorce (only 1 party agree to divorce or no agreement to the term(s) of divorce)
3. Family Court Application Form In Malaysia

FAQs (Infographics)

Divorce Procedures In Malaysia

Procedures for Joint Petition Divorce in Malaysia

1. 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.
2. 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.
3. 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.
4. 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).
5. Once the decree nisi is absolute after 3 months, you will obtain the divorce certificate from our divorce lawyer. Our divorce lawyer will then assist to update the Jabatan Pendaftaran Negara (JPN) Malaysia on the divorce status free of charge.

Divorce Procedures in Malaysia: FAQs

How long does it take for a divorce to finalize in Malaysia?

For a divorce to be finalized in Malaysia, it will essentially depend on the nature of the divorce proceedings i.e. if it is a joint petition or single petition for divorce. For a joint petition, it is relatively faster and normally will take less than 3 months provided both parties agreed on all the divorce terms. For a single petition, it will take around 6 to 9 months or more depending on the complexity of the divorce case.

What is joint petition and single petition for divorce in Malaysia?

A joint petition for divorce is a divorce process where both parties agree to all the divorce terms voluntarily. There will be no dispute whatsoever.

On the other hand, a single petition for divorce is a divorce process where only party file for a divorce considering the other party is not agreeing to the divorce or if the other party cannot be found etc. Single petition for divorce is usually advisable in the event if there is no mutual consent to get a divorce.

Do I need to be married for at least 2 years before I can get a divorce in Malaysia?

Yes, your marriage must be registered for more than 2 years before you can file for a divorce in Malaysia. That said, you can apply for special permission in the court to get a divorce within 2 years if you can prove that there is exceptional circumstances in your marriage.

Do I get to divorce ‘automatically’ if I am separated from my husband/wife for more than 2 years in Malaysia?

There is no ‘automatic’ divorce in Malaysia. Only the Court has the power to dissolve a marriage and parties must file for a divorce in the Court even if they are already separated for more than 2 years.

How much does it cost to get a divorce in Malaysia?

Generally, a joint petition for divorce will be much cheaper compared to a single petition for divorce. You may get quote from our divorce lawyer via the form below or WhatsApp our divorce lawyer directly for free divorce consultation and quotation.

Do I have to attend Court for a divorce?

Parties intending to get a divorce in Malaysia must attend the Court hearing physically or online now (due to the advancement of technology).

Can I skip the Court attendance for joint petition divorce?

Court attendance is compulsory. If you cannot attend the Court for any reason, it is best to communicate the reason and our divorce lawyer will apply for an exemption from the Court hearing. Take note that the exemption from the Court hearing is entirely the discretion of the Court.

Can I seek for maintenance of wife from my husband after divorce?

Yes, you may. The amount must be based on the means and needs of parties. Essentially, it must be reasonable depending on the affordability of your husband.

Can I still seek for maintenance of children if my husband refused to pay maintenance?

Yes, you may. Your husband has the responsibility to pay for the maintenance of children under the law. Again, the amount must be based on means of parties and needs of the children.

How will the Court decide on the custody of children?

The law is clear that the custody of children below the age of 7 shall belong to the mother. That said, if the mother is shown to be unfit as a parent, the father may be granted the custody of children. Essentially, the court will decide the custody of children primarily based on the welfare of children.

Can I apply for divorce if my husband/wife has committed adultery?

Yes, you can. If you are able to prove adultery and the fact that this adultery has caused the breakdown of the marriage, you can claim for damages (compensation) from the alleged adulterer.

Do I need to live apart from my husband/wife for more than 2 years to get a divorce?

There is no need for physical separation if you have other reason for divorce such as the unreasonable behaviour of your spouse. If there is none, it is advisable to remain separated for more than 2 years since this may be a ground to file for a divorce later on.

Do I need to prove to the Court why I want to divorce in Malaysia?

If the divorce is mutual and all divorce terms are agreed upon, there is no need to prove to the Court on the reason or ground to apply for a divorce. On the other hand, if there is no mutual consent, you need to show reason or ground to apply for a divorce in Malaysia.

For single petition divorce, what are the grounds available for divorce in Malaysia?

In short, the applicant needs to show any of the ground below to apply for a divorce in Malaysia:

• That the respondent committed adultery
• That the respondent has unreasonable behaviour
• That the respondent has deserted the applicant for more than 2 years
• That the applicant and respondent have been living apart separately for more than 2 years

Do I need to attend Jabatan Pendaftaran Negara (JPN)’s reconciliation body for marriage counselling?

There is no need to attend the said counselling if the divorce terms are mutually agreed and parties agree to get a divorce (Joint Petition).

However, if any party doesn’t agree to the divorce, parties are required to attend the said counselling first before any party can start to file for divorce in Malaysia (Single Petition).

Is it true that I can claim half (1/2) share of my husband/wife assets after divorce in Malaysia?

The amount of shares you are able to claim is based on the amount of your contribution towards the assets. These contributions shall include both monetary and non-monetary contribution.

Can I get divorce in Malaysia if I am married in other country?

Yes, you can if you are domiciled 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. The only option available if you do not know the whereabout of your spouse is to file for single petition for divorce.

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