Haryati & Partners

Haryati & Partners

Advocates & Solicitors

DIVORCE & SEPARATION

It's Expensive Because It's Worth It

All you need to know about divorce

There are two types of divorce process (for non-Muslims) in Malaysia:
(1)Divorce by Mutual Consent (Joint Petition) – Both parties to the marriage can jointly file a divorce where they can mutually agree to divorce.


(2) Divorce Without Mutual Consent (Unilateral/ Single Petition) – Either party to a marriage may file a petition to divorce without consent of the other party, on the ground that the marriage has broken down.

A Joint Petition for divorce takes around 5 to 6 months to be completed. A Single Petition takes more time to be completed and could take more time if contested.

A petition for divorce whether it is contested or not contested may be done only after two years of marriage. If a petition is presented before the expiration of two years, then there must be exceptional circumstances or hardship suffered by the petitioner for the Courts to consider whether to grant such decree for divorce.

It is not mandatory for a couple to live separately for 2 years before they can file for divorce. However, if a couple lives separately for at least 2 years, this will count towards ‘proof of irretrievable breakdown’ as a ground for divorce if a single petition (contested divorce) is filed in Court. There is no such requirement in a joint petition.

A foreign divorce certificate can be recognised in Malaysia by filing a petition in court to recognise the foreign divorce certificate

Further Inquiries?You May contact our lawyers.