Divorce Procedure in Malaysia
Updated on Thursday 22nd August 2024
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Those who want to divorce in Malaysia have at their disposal the legal services offered by our divorce lawyer in Kuala Lumpur. We have experience in the field and can explain to those interested what are the conditions of divorce in Malaysia and the rights of each spouse. In the following lines, you can find information about divorce procedures in Malaysia, specifying that interested persons can benefit from legal advice from our experts, including from our divorce lawyer in Penang.
| Quick Facts | |
|---|---|
| Divorce legislation in Malaysia | Marriage and Divorce Act 1976 |
Grounds for divorce in Malaysia | - adultery, - marriage breakdown, - mental illness, - abandonment, etc. |
Types of divorce in Malaysia | - by consent, - without consent |
| Representation for foreigners in Malaysia (YES/NO) | YES |
| Representation for both spouses (YES/NO) | YES |
| Child custody legal advice (YES/NO) | YES |
| Mutual consent formalities | Spouses involved can file a joint petition declaring they agree to get a divorce. |
| Reconciliation before legal separation | Available option |
| Legal advice for the distribution of mutual assets | Support and legal assistance are provided for spouses getting a divorce in Malaysia. |
| Representation in the court of law | If a divorce cannot be settled by mutual agreement |
| Time frame for divorce in Malaysia | Depending on the case, from 6 to 9 months until a divorce decision is issued |
| Annulment of marriage | Cancelation is possible if forced marriage is involved. |
| Who pays the fees? | Both spouses pay in an equal manner. |
| Is divorce in Malaysia recognized in the country of origin of former spouses? | Yes, after registration |
| Why choose our divorce lawyers in Malaysia? | - professionalism, - experience, - affordable costs, - complete legal advice |
Divorce procedure in Malaysia for non-Muslim couples
As a non-Muslim couple, divorce procedures in Malaysia are possible only through court proceedings. The marriage has to be legally registered in Malaysia, according to the Law Reform (Marriage and Divorce) Act 1976 (Act 164), which sets the legal frame for non-Muslim monogamous marriages. Divorces for non-Muslim couples in Malaysia can be:
- by consent from both parties, when both partners agree to divorce;
- without consent from both parties.
Divorce by consent from both parties in Malaysia - Our divorce lawyer in Kuala Lumpur can help
Both partners of marriage in Malaysia who are non-Muslims can file a divorce jointly when they both agree to the divorce. In order to qualify for the application, the partners must have been in a marriage for a minimum of two years at the date of the divorce request, unless permitted by the court. By filing a joint petition, both partners can decide on their own will for the maintenance of wife and children, care and custody of the children, and the partition of matrimonial assets. Our divorce lawyers in Malaysia can offer you assistance on this matter, as well as other litigation issues in the country. Here is an infographic about the services offered by our divorce lawyers in Malaysia:
Divorce without consent from both parties in Malaysia
One of the partners of a non-Muslim marriage can request a petition for divorce without the consent of the other partner, on the reason that the marriage has broken down. In this case, the marriage can end for one of the following reasons:
- the other partner has committed adultery;
- the other party has conducted himself/herself in a way that is not acceptable for a life together;
- the other party has left the marriage for a period of a minimum of two years;
- the partners have lived separately for at least two years consecutively.
Are you interested in citizenship in Malaysia? Our lawyers can take care of drafting and preparing the necessary documents for the application, and the process starts when you prove that you have lived in this country for at least 10 years. We mention that you must know the language and take a test in this sense, otherwise, the authorities may reject your application.
We invite you to watch a short video on how to get divorced in Malaysia:
Divorce for Muslim persons in Malaysia
Muslim marriages and divorce procedures in Malaysia are conducted according to Islamic Law. All other types of marriages in this country, as well as divorces, are governed by the Malaysian legislation. If you are part of a Muslim marriage and would like to separate from your spouse, our divorce lawyers in Malaysia can offer more details on what this procedure consists of.
Children's custody in Malaysia
Those who want to divorce in Malaysia through a joint petition can establish by mutual agreement all the arrangements regarding the custody of the children. The help of our divorce lawyers in Malaysia is important in this case, and our specialists can explain all the information regarding:
- what does custody entail;
- visiting hours of the parent;
- alimony and how it is established;
- education of the child or children;
- cases in which children can independently express their opinions, etc.
We advise you to contact our divorce lawyers in Malaysia with confidence to better understand what custody of children entails after a divorce in Malaysia.
Legal rights regarding the distribution of joint assets
In addition to the custody of the children following the divorce process, the spouses must know in detail what the rights are regarding the distribution of the common assets accumulated in the marriage. If the divorce is by mutual agreement, the distribution of these assets is much simpler, and clear arrangements can be made in this regard, respectively property transfers, where appropriate. Here are other important aspects that can be explained by our divorce lawyer in Penang:
- If one or more properties were acquired by a single spouse, the court of law can distribute it as reasonably possible. The spouse who accumulated the most assets will receive most of them after the divorce.
- In the case of a property bought by both spouses, this can be divided according to the contributions of each individual, as the court considers.
As in the case of custody, the distribution of assets after a divorce is a very important aspect. Therefore, we advise you to talk to our divorce lawyer in Kuala Lumpur and find out all the details.
How long does the divorce process take in Malaysia?
Each divorce case is special and has its peculiarities, and one of our divorce lawyers in Malaysia can explain. Certain factors are taken into account during the divorce process in Malaysia. For example:
- type of divorce;
- date of the first hearing in the court of law;
- complexity and procedures;
- settlement, custody, etc.
Normally, a divorce procedure in Malaysia should not last more than 9 months until the final decision is established, and this is in the case of the joint divorce petition. If only one of the spouses submits the divorce petition, and the other partner does not agree with it, the process can be extended even for several years.
Here are some statistical data about divorces in Malaysia:
- The divorce rate in Malaysia has increased by 43.1% in 2022, with over 62,000 divorces recorded this year.
- In 2021, around 43,936 divorces were registered.
In addition to the services offered by our divorce lawyer in Penang, you can also opt for those offered by our immigration lawyers in Malaysia. We can explain the conditions for immigration to Malaysia. We also help foreign citizens obtain residency in Malaysia. In the case of those with businesses in this country, they can choose the services offered by our corporate lawyer in Malaysia. Contact our law firm in Malaysia for details and personalized offers.