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Divorce Malaysia

INTRODUCTION TO DIVORCE

Divorce is often a challenging process, both emotionally and legally. For Non Muslims in Malaysia, divorce proceedings are governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). 

This page provides a detailed explanation of the divorce process, basic rights of the parties involved, and key considerations such as child custody, maintenance, alimony and asset division. 

 

If you are looking for a divorce lawyer in Malaysia, this guide will help you understand the steps involved and how our experienced legal team at Chambers of S Sakthi can assist you. 

Types of Divorce in Malaysia

Under LRA 1976, there are two (2) main types of divorce for Non Muslims in Malaysia. 

Joint Divorce Petition

A joint petition divorce is where both parties mutually agree to divorce and come to a consensus on issues such as child custody, maintenance, alimony, and asset division. This is often the fastest, economical and most amicable route. 

Single Divorce Petition

A single divorce petition is file when one party wishes to initiate the divorce, but the other party does not consent. This process can involve court proceedings at different stages such as mediation or trial where disputes regarding custody, maintenance, alimony and asset division are resolved. This is often longest, expensive and a complex route.  

Other Factors to Consider in a divorce

Child Custody

Child custody is one of the most critical aspects of divorce proceedings. The court considers the best interests of the child, including factors like the child's welfare, education and emotional well-being.

S. 88 of the LRA 1976 emphasizes
Key terms in custody:
- Sole Custody : Awarded to one parent, granting full decision-making authority.

- Joint Custody : Both parents share decision-making responsibilities

- Visitation Rights : The non-custodial parent is usually granted visitation rights.
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Maintenance of Children

Parents have a legal obligation to financially support their children until they reach the age of majority (18 years old) or until they complete their tertiary education.

Some of the determining factors are income & financial capacity of both parents, child's standard lifestyle prior to parents' divorce, any special needs of the child, etc.
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Alimony for the Wife

Alimony or more common known as spousal maintenance is financial support provided by one spouse to another, typically the wife, during the divorce proceedings or after a divorce.

Alimony is usually awarded when the wife is financially unstable to support herself to maintain the lifestyle she enjoyed during the marriage which was primarily contributed by the husband.

Under S.77 of LRA 1976, the court has discretion to determine the amount and duration of the spousal maintenance. However so, spousal maintenance will usually come to an end when the wife remarries or is in a serious relationship with a third party.
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Asset Division (Division of Marital Assets)

The division of matrimonial assets aims to ensure a fair distribution of properties and financial resources acquired during the marriage.

The key considerations are contributions (financial and non-financial) made by both parties towards the particular asset.

Take note that as a general rule, assets acquired before a marriage is excluded from being categorised as matrimonial asset. However so, if a particular asset was bought by one party prior to the marriage, the court will look into possibilities whether it has been significantly improved during the marriage by the other spouse, altering its position from non-matrimonial asset to matrimonial asset.

Court relies on S.76 of the LRA 1976 with regard to asset division.
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Steps in a Divorce Proceedings

Step 1 : Engage a Lawyer

Consult an experienced divorce lawyer to understand your legal rights and options

Step 2: Filing a Petition

1. Joint Petition : Both parties sign and file the petition

2. Single Petition : One party files, and the otter party is served with the petition.

Step 3 : Court Proceedings

For joint petitions, court hearings are usually brief.

For single petitions, the court resolves disputes through evidence and arguments by way of trial.

Step 4: Court Order & Submission in JPN

Once the court orders been extracted, parties can get the marital status updated in JPN Putrajaya.

common questions

  • A joint petition divorce petition divorce typically takes about 2-5 months.
  • A single petition divorce may take 1-3 years depending on the complexity of the case.  

Yes, at least once for Hearing for both joint divorce petition and single divorce petition. 

Legal fees vary based on the complexity of the case and lawyer’s expertise. Other than that, there are disbursement such as filing fee, postages etc. Contact us for a personalised quote. 

Yes, custody arrangements can be varied if there’s a significant change in circumstances. 

While not mandatory, engaging a lawyer ensures your rights are protected and the process is handled efficiently. 

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