Divorce Procedure in Malaysia
Updated on Thursday 14th July 2016
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As a multicultural and tolerant multiconfessional country with 61.3% of the population practicing Islam, divorce procedures in Malaysia depend on whether the involved parties are Muslim or non-Muslim. Our lawyers in Malaysia can represent you, if you would like to start a divorce procedure in this country.
Divorce procedure in Malaysia for non-Muslim couples
As a non-Muslim couple, the 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
Both partners of a marriage in Malaysia who are non-Muslims can file a divorce jointly when they both agree for the divorce. In order to qualify for the application, the partners must have been in a marriage for minimum 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 for wife and children, care and custody of the children and the partition of matrimonial assets. Our Malaysian lawyers can offer you assistance on this matter, as well as other litigation issues in the country.
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 because one of the following reasons:
· the other partner has committed adultery;
· the other party has conducted himself/herself in a way which is not acceptable for a life together;
· the other party has left the marriage for a period of minimum two years;
· the partners have lived separately for at least two years consecutively.
Divorce for Muslim persons in Malaysia
Muslim marriages and divorce procedures in Malaysia are conducted according to the 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 divorce, our lawyers in Malaysia can offer more details on what this procedure consists of.
If you would like more information about the divorce procedure in Malaysia, please contact us.