We understand that you are looking for a divorce lawyer Malaysia to help you with the process, as it can be confusing.
This post will explain the divorce procedure in Malaysia, how we can help you with the process, and the required time and fees.
Types of Divorce in Malaysia
The family laws governing marriage and divorce are different for Muslims and non-Muslims. For non-Muslims, which this article will focus on, the relevant divorce law is the Law Reform (Marriage and Divorce) Act 1976 ('LRA') There are two types of divorce:
Joint divorce petition (also known as ‘joint petition’): It is an uncontested divorce/mutual divorce where the couples agree to a divorce and also to the terms, including child custody and alimony (if there are children), spousal maintenance, and division of matrimonial property. It is a quick divorce method.
Single divorce petition (also known as 'single petition’ ): It is a contested divorce proceeding (unilateral divorce) where one party does not agree to the divorce or the terms or both.
The requirements for a joint petition divorce are simpler, as the parties must have been married for at least 2 years (this can be waived in certain circumstances if the applicant can prove exceptional circumstances or hardship suffered).
As for single petition divorce, it has 2 additional requirements. The requirements are that the spouse initiating the proceeding, that is, the petitioner, must:
Conciliation: Refer the marriage to Jabatan Pendaftaran Negara (JPN) for marriage counselling and conciliation. This requirement can be waived in certain cases, such as when another spouse has been imprisoned for five years or more.
Even if one of the spouses refuses to attend the conciliation sessions, JPN can still issue a certificate of non-conciliation. This certificate of non-conciliation is required when the spouse later applies for a single petition.
Prove one of the grounds that the marriage has irretrievably broken down as follows:
One partner commits adultery and the other finds it intolerable to live with him or her
One partner has behaved in such a way that the other party cannot reasonably be expected to live with her
One partner has deserted the other party for at least two years;
The parties have been separated for at least two years (separation does not result in automatic divorce). This is just one of the grounds for filing divorce cases.
Furthermore, any overseas divorce must have the marriage registered in Malaysia before the divorce can be registered in our country.
Main Divorce Terms
The parties can discuss and agree on the main divorce terms, which are explained below:
Child custody and alimony: If the parties cannot agree on arrangements for the children, the court will look at the welfare and interests of the children to decide the custody. The parent who does not receive custody will usually be given visitation rights.
There is a rebuttable presumption that a child under 7 years old is better off with a mother. However, this presumption can be rebutted.
The court will also determine a reasonable amount of child support based on the financial means and needs of the parents. This support will allow the children to grow up in life.
Division of matrimonial assets: If there is no consensus among the couples on this part, the court will consider factors such as the contributions of both parties to purchase the assets and take care of the family, children’s needs, and length of marriage in deciding the division.
Alimony: The court can order a spouse to pay spousal maintenance or alimony to the other after considering their financial situation and needs. It is usually paid by the husband to the other spouse for wife maintenance, but in some cases, it can be ordered to be paid by the wife too.
Divorce Procedure in Malaysia
Divorce proceedings are started through the family registry and department of the High Court of Malaya and generally follow the following procedures:
Prepare documents: The parties, through their appointed law firms, submit the required documents to the court. This includes divorce petitions and supporting documents such as identification documents, marriage certificates, birth certificates of children (if there are children), certificates of non-conciliation, and other relevant documents.
Court Hearing: Both parties must go to court. For a single petition, the spouse and their witnesses (if any) must give evidence in court. After the hearing, the court will decide on whether to grant the divorce declaration/order and other terms.
Marital status updated: The Court will then send the order to JPN to update the new marital status This marks the completion of the divorce proceedings.
Post divorce proceeding: If any of the parties is dissatisfied with the Court’s decision, then they can appeal to the higher courts, such as the Court of Appeal and the Federal Court.
Our Divorce Lawyer Services
Finding the right and experienced divorce lawyers is crucial, as they play an important role in the proceeding.
As divorce solicitors, we help clients by providing comprehensive divorce services that include:
Legal advice on procedure: We advise our clients on the proper divorce procedure in Malaysia, especially which type to choose, either contested divorces or uncontested divorces.
Divorce planning: In some cases, our clients may want to do some preparation and planning for the future ending of marriage, especially for matrimonial assets and child custody. We can help you by providing advice on the arrangements to get a better outcome in divorce proceedings later on.
Mediation settlement- In some cases, some couples may want to discuss and agree on the terms. We provide mediation service where the couples can discuss the terms confidentially and avoid publicity, and if they like, they can have a settlement agreement or prenuptial agreement.
Mediation is a good option as it allows the parties to agree on the terms, and once they agree on the terms, they can opt for the joint petition, which will make the process of divorce cheaper and faster.
Pre-proceeding child arrangements and spouse alimony: Either of the spouses can apply to the Court for child custody and alimony during the marriage and before starting any divorce proceeding.
Judicial separation and annulment of marriage: Judicial separation is an option where couples are no longer obligated to live with each other yet they are not divorced yet.
On the other hand, annulment of marriage is an alternative where it also ends the marriage. One of the grounds for annulment is when the marriage is not consummated because of the refusal of one party to do so causing the marriage to be voidable.
How to Find Top Divorce Lawyer in Malaysia
If you need any assistance, you can contact us. Our divorce lawyers will help you. Finding reliable divorce lawyers can take some time, but here are a few steps to get started, including:
Personal referrals: Ask your family or friends if they know any good divorce lawyer.
Search Online: Alternatively, search ‘divorce lawyer Malaysia’, ‘divorce lawyer Penang’ [if you stay in the northern site], or ‘divorce lawyer Kuala Lumpur’ [if you stay in Klang Valley] online. You should be able to see many of these options.
The next step is to choose a suitable one from among them. You can consider the following factors:
Reputation: He should have a good reputation. Check online reviews of his past clients. It can show his expertise and prompt communication with his clients.
Consultation: Once you are satisfied with the reputation, call the divorce lawyer firm and schedule a legal consultation during working hours. During the meeting, tell the divorce attorney about your situation and ask how he can help you.
Get his legal advice and assess whether he can help you. A good lawyer will be able to analyse and tell you the pros and cons of each divorce case and his recommendations, even for more complex divorce procedure.
Fees and Costs: Discuss fees with him and how they will be charged. Also, ask if there will be any fees that will be incurred later on. Good divorce lawyers may not be cheap, but they are worth every penny.
If you are satisfied with them and wish to appoint them as your preferred divorce solicitors, you can confirm the engagement and request a bill. On the other hand, also note that cheap divorce lawyer and affordable divorce solicitors may not necessarily be good either.
Legal Fee and Cost
The cost largely depends on the type of divorce and complexity of each specific case, as the facts are different. It consists of 2 charges, the first being legal fees (costs of preparing documents and appearing in court on behalf of the client) and the second, being disbursements (expenses incurred such as travelling and court fees).
The cost of a joint petition starts at a few thousand ringgit and can be shared between the couples, while a single petition will cost more as it takes longer and is paid by each spouse.
If costs are a concern, one may consider getting legal aid from the government. However, the requirements to qualify for legal aid can be stringent, as it depends on the income.
How Long Does Whole Divorce Process in Malaysia Take?
Joint petitions usually take 1 month or longer from the time the documents are filed and are considered a fast divorce method. The single petition takes more time because both spouses must present their case and provide evidence in court, which can take up to a year.
Conclusion
Choosing the right divorce lawyer Malaysia is important to getting the best outcome. If you are looking for a law firm in Kuala Lumpur or have any questions about divorce, please contact us. Our team is here to help.
Frequently Asked Questions
1. Do I need to engage a lawyer for my divorce?
Although it is not a must for you to engage one, it is advisable to do so as divorce procedures can be complex. You can engage competent yet affordable divorce lawyers to represent you.
