Divorce means the end of a marriage and can have an emotional impact on any couple in Malaysia. Before considering divorce, couples should understand Malaysian divorce laws as the process follows the law.
This article will explain the causes of divorce, the different types of divorce laws in Malaysia, and the types of divorce. It will also explain the divorce process in our country. .
Divorce and Marriage Laws in Malaysia
Our country's family law institutions are governed by our legal system. Before filing for divorce, couples should understand Malaysian marriage laws and Malaysian divorce laws as they are interrelated and vary according to the religious beliefs of each couple.
For Islamic couples, the divorce law is the Islamic Family Law (Federal Territories) Act 1984 and other Islamic laws, which follow Shariah principles. For non-Muslims, Malaysian marriage and divorce laws are governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA). The LRA applies to marriages and divorces of non-Muslims and also applies to Malaysians marrying citizens of other countries.
This LRA law covers non-Muslims who want to apply for divorce in Malaysia, covering other related areas: child custody, property division and spousal support.
Reasons for divorce
There are many reasons for divorce. Common reasons include marital infidelity in Malaysia, reasons for disagreements with other parents, and family disputes.
Another factor that leads to the breakdown of marriages is incompatible lifestyles between husband and wife, work pressure, and domestic violence, especially against the woman.
Types of divorce for non-Muslims
There are two types of divorce for non-Muslims in Malaysia. One is an uncontested divorce (also known as a ‘joint petition’) and the other is a contested divorce (also known as an ‘single petition’).
The divorce procedures are different for both types of divorce. After both parties agree on the divorce and its terms, they can choose to apply for divorce jointly.
If either spouse disagrees or cannot agree on the divorce or its terms, a single petition can be made.
As for which divorce to choose, it depends on each couple’s circumstances and details. If they can agree on the terms of the divorce, then filing for a joint divorce is better because it requires less time and expense. If they cannot agree to the terms, either spouse can file for divorce unilaterally.
The relevant terms and arrangements are further explained below.
Child custody
According to Malaysian divorce laws, parents have the responsibility to raise their children. Child arrangements need to be considered in a divorce, including child custody, child support, and child support. The other parent who is deprived of custody is usually granted visitation rights.
If both parties agree to these arrangements, they can file for divorce together. If the two parties do not reach a mutual agreement or consensus on these arrangements, they can file a unilateral application for divorce with the court, and the court will make a ruling.
Under the LRA 1976, the presumption is that custody of a child under 7 years of age shall be given to the mother, although this presumption can be rebutted. The court also considers other facts, such as the welfare of the child and the child's desire to live with either parent.
Property Division
According to Malaysian divorce property distribution regulations, marital assets include assets acquired during the marriage as well as assets acquired by one spouse before the marriage and substantially improved by the other spouse or joint efforts after the marriage. This includes property and houses.
In a joint divorce application, you, the client, can negotiate and reach a mutual agreement on the distribution of your divorce estate. If the parties do not agree on the division of property and then file for divorce unilaterally, the court will consider and order the division of property.
Some of the factors that Malaysian courts consider in property distribution in divorce are: spouse’s contribution to purchasing property and caring for the household, as well as the needs of the children and the length of the marriage
Alimony
Regarding divorce alimony laws in our country, spouses can discuss the amount of alimony to be paid. Usually paid by the husband. There is no fixed standard for calculating alimony in divorce in Malaysia, it depends on the parties’ agreement and circumstances.
If there is no agreement between the parties, the court will determine the amount of alimony in a unilateral divorce application. How to calculate alimony in divorce? The court will consider the needs and income of each party as well as the liability for the breakdown of the marriage, and then order the amount of alimony in a court order.
Divorce conditions
Before beginning any divorce proceedings, both spouses must meet certain conditions.
For all types of divorce, their marriage must be registered in accordance with the Malaysian marriage system and laws and must have been for at least two years (this requirement may be waived if the applicant has special circumstances or has suffered hardship). If the marriage is registered in a foreign country, it needs to be registered in our country.
Additionally, in the case of a unilateral divorce, along with the two-year marriage requirement, the applicant must also:
Refer the marriage to the National Registration Department (also known as the ‘Divorce Department of the Malaysian Government’ – Jabatan Pendaftaran Negara, JPN) for marriage counseling and mediation. This is an opportunity for marriage mediation.
JPN will arrange a date for mediation of the marriage and then issue a certificate of non-mediation if mediation fails. The certificate must be used for later court proceedings.
Show one of the reasons why a marriage has irretrievably broken down. The reasons include the following:
(a) One party commits adultery and the other party cannot bear to live with him
(b) One party's behavior is so unreasonable that the other party cannot be expected to live with him. This includes sexual intercourse.
(c) One party has abandoned the other for at least 2 years
(d) Spouses have been separated for at least 2 years
Divorce Procedures in Malaysia
After meeting the requirements, the next Malaysian divorce procedure generally follows the following steps for both types of methods (there is no online divorce application in Malaysia).
Prepare required documents. This includes both spouses’ ID cards or passports, marriage certificates, children’s birth certificates (if there are children) and proof of non-reconciliation (for a single divorce application).
File an application for divorce with the High Court and attach the application and court documents.
After an application is made to the High Court, the High Court will set a date for the hearing of the spouses. Spouses including plaintiff and defendant must attend High Court hearings and hearings. At the hearing, the High Court will read out documents and hear evidence from both spouses.
After the hearing, the judge will issue a court order, decree nisi. This is a decree of temporary dissolution of a marriage, which has not yet been dissolved. Three months after the issuance of the decree nisi, the applicant can apply for a decree absolute (also known as a ‘divorce certificate’). The content of this decree will indicate that the marriage has been dissolved.
Update divorced marriage status in JPN. In addition, each spouse can now remarry and hold a marriage ceremony according to their own wishes.
Divorce Costs in Malaysia
When couples hire a law firm to represent them in a divorce case, they may worry about divorce attorney fees. Fees depend on the details of each matter.
Typically, attorney fees for joint divorce filings are lower than for a single divorce filing, and the costs can be split between the spouses. For a single divorce petition, each party bears its own costs.
In addition to cost, you may also consider the attorney's expertise and reputation. A good attorney can achieve the best outcome for your case. If you are considering divorce and looking for assistance, you can contact us.
How long does a divorce take?
Generally speaking, under Malaysian divorce laws, a joint divorce application takes 1 to 3 months to complete. A divorce filed unilaterally can take nine months or more to finalize.
Conclusion
Before starting any divorce proceedings, spouses should understand the Malaysian divorce laws as the proceedings are conducted according to the laws of our country.
If you have any questions or issues and are looking for a law firm near you to provide legal assistance and legal advice, please contact us. Our attorneys will help and guide you through the divorce process.
Frequently Asked Questions
What documents are required for divorce in Malaysia?
Divorce applications in my country usually require these information and documents: marriage certificate, ID cards or passports of both spouses, and birth certificates of the children.
