Divorce Lawyer in Malaysia

There are 2 types of divorce in Malaysia:
Joint Petition For Divorce – where both parties agree to the divorce and all terms of divorce including:-

(1) guardianship, custody, care and control of the Child,
(2) spousal maintenance (if any),
(3) child maintenance (if any), and
(4) division of matrimonial assets)

Single Petition For Divorce – (where parties are unable to agree on the divorce OR unable to agree on all/partial terms of divorce)

First of all, the marriage must be registered for more than 2 years. For example, the marriage was registered on January 1, 2004, the parties can only file for a divorce after January 1, 2006.

One exception to this rule is that you can file for a divorce under 2 years of marriage provided that you have been proven to Court that you are experiencing ongoing extreme hardship in the marriage. For example, domestic violence, or where your spouse is repeatedly harassing you at work.

Another option is to file for annulment of marriage anytime even under 2 years or marriage.

We have always taken the approach of proposing for a mutual divorce with a set of proposed terms of divorce. From there, we will be able to gauge whether your spouse is willing to go for the mutual divorce, or at least to gain a better understanding of your spouse’s concerns, with a view of reconciling the disagreements. The negotiation can be carried out by us as your legal representative.

If the event we do not get any favourable response from your spouse, you are advised to apply for the marriage counselling at the nearest Jabatan Pendaftaran Negara (‘JPN’) based on where parties cohabit, or to file an application in Court for an exemption from referring the matrimonial difficulties to a marriage tribunal. This requirement only applies for unilateral divorce proceedings (single petition for divorce).

In a single petition for divorce, you are required to prove that the marriage has irretrievably broken down.

(a) that your spouse has committed adultery and the petitioner finds it intolerable to live with the respondent; 
(b) that your spouse has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; 
(c) that your spouse has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; 
(d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

Before commencing a unilateral divorce, you must first apply for marriage counseling at the National Registration Office (Jabatan Pendaftaran Negara), or apply to the High Court through a lawyer for exemption from marriage counseling. To apply for unilateral divorce proceedings, you need to submit one of the four major reasons for divorce, as follows:

(i) The other party engages in unreasonable behavior that makes it impossible for you to continue to get along with the other party;
(ii) The other party engages in adulterous behavior that you cannot tolerate anymore; 
(iii) The other party has been abandoned or abandoned for 2 years; or
(iv) The separation from the other party has lasted for 2 years.

Application for unilateral divorce proceedings does not require the consent of the other party. The lawyer will hand over the prepared divorce application to the other party, and the divorce process will officially begin.

(1) Guardianship, custody, care and control of the Child,
(2) spousal maintenance (if any),
(3) child maintenance (if any), and
(4) division of matrimonial assets).

Joint Petition for Divorce will usually be completed under 3 months. 

Single Petition for Divorce may take longer, approximately 1 to 2 years approximately. This depends on whether the proceedings will end up in a full trial, or settled at mediation or vide an out-of-court settlement, or where there are other interlocutory applications filed in Court to be disposed of.

In decision who shall get the custody, the court will primarily consider the best interests of the child. This includes the living environment, safety and security, the ability or availability of each parent in tending to the physical needs, emotional needs or special needs of the children. The wishes of the children and the parents will be taken into account as well.

You need to prepare the following documents:

(i) Marriage certificate
(ii) ID cards of both parties (NRIC/Mykad/Passport)
(iii) Children's birth certificate

Additional documents for single petition for divorce

(iv) Document pertaining to matrimonial assets Sale and Purchase Agreement, vehicle registration card, proof of ownership of bank accounts, bank account statements, credit card statements invoices and receipts for the expenditures related to children’s education, insurance, medical and healthcare, dental care, optical care, groceries, rental and etc)
(v) Document related to the breakdown of the marriage (photos, videos, messages, voice recordings)

You should seek a lawyer’s advice for better preparation.

In this situation, we have to ensure that both parties are domiciled in Malaysia, including your foreign spouse. The question to be determined is the domicile of your spouse. If you are the petitioner wife, you can apply for a unilateral divorce.

If you have already obtained a divorce in a foreign country, you can apply to the High Court in Malaysia for a Petition for Declaration, to obtain the divorce status in Malaysia. 

You can apply to the High Court for interim spousal maintenance or interim child maintenance. If an order is made, your spouse will have to start paying for the interim maintenance as ordered, pending the full and final disposal of the matrimonial proceedings.

You can apply for marriage counseling at the designated National Registration Office (Jabatan Pendaftaran Negara) near you. Generally, the JPN marriage counseling process takes about 3-6 months. If there are special reasons or circumstances, you can engage a legal team to apply for exemption from marriage counseling.

First of all, you must calmly collect all evidence (including video recordings, photographs, etc.), and then immediately contact the police or go to the nearest police station to report the domestic violence and go for medical examination. When reporting a crime, do not choose to write "cover report sahaja" or "tidak mahu ambil tindakan" out of fear of trouble, otherwise the police will not open a file to  investigate or take any action.

If you are unable to return home safely, you can call 15999 (Talian Nur Care Line) for help. This hotline is available 24 hours a day, 7 days a week. You can also contact the Women's Aid Organisation (WAO) by calling the WAO hotline at +03 3000 8858 or SMS/WhatsApp TINA at +6018 988 8058.