Divorce Lawyers in Malaysia - Muslim and Non-Muslim Divorce

Our divorce lawyers in Malaysia can represent locals and foreign citizens in the separation procedure. We invite you to explore this article and find out information about the key conditions to file for divorce in Malaysia.

Quick Facts
Divorce legislation in Malaysia	Law Reform (Marriage and Divorce) Act 1976 (for non-Muslims)
Grounds for divorce in Malaysia	– adultery, – marriage breakdown, – mental illness, – abandonment, etc.
Types of divorce in Malaysia	– by consent, – without consent
Representation for foreigners in Malaysia (YES/NO)	YES
Representation for both spouses (YES/NO)	YES
Child custody legal advice (YES/NO)	YES
Mutual consent formalities	Spouses involved can file a joint petition declaring they agree to get a divorce.
Reconciliation before legal separation	Available option
Legal advice for the distribution of mutual assets	Support and legal assistance are provided for spouses getting a divorce in Malaysia.
Representation in the court of law	If a divorce cannot be settled by mutual agreement
Time frame for divorce in Malaysia	Depending on the case, from 6 to 9 months until a divorce decision is issued
Annulment of marriage	Cancelation is possible if forced marriage is involved.
Who pays the fees?	Both spouses pay in an equal manner.
Is divorce in Malaysia recognized in the country of origin of former spouses?	Yes, after registration
Why choose our divorce lawyers in Malaysia?	– professionalism, – experience, – affordable costs, – complete legal advice

What is the legislation for divorce in Malaysia?

Law Reform (Marriage and Divorce) Act 1976 (non-Muslims); Muslim divorces fall under state Islamic family law.

What types of divorce are available in Malaysia?

Mutual consent,
Contested,
Muslim divorce.

What are the grounds for divorce in Malaysia?

Adultery,
Marriage breakdown,
Domestic violence,
Mental health issues,
Desertion, etc.

Here is an infographic about the services offered by our divorce lawyers in Malaysia:

How is mutual consent divorce in Malaysia?

both spouses agree to divorce,
a joint petition must be filed at the High Court,
mutual assets and child custody are established,
a temporary order (Decree Nisi) is issued,
after 3 months, the divorce is concluded when the court makes the decree nisi absolute.

IMPORTANT: A couple can file for a mutual divorce if they have been married for at least 2 years. Otherwise, special permission from the court will be required.

How is a contested divorce filed in Malaysia?

one of the spouses must first refer the matter to a Marriage Tribunal (conciliatory body),
reconciliation is proposed. At least 3 counseling sessions are imposed; however, exemptions apply in delicate cases,
if reconciliation fails, the case goes to the High Court,
the divorce lawyer in Malaysia presents all documents, including evidence of marriage breakdown,
a formal trial will take place. The judge will analyze the divorce petition and evidence and decide on the divorce,
a Decree Nisi is issued as a provisional order. During this time, child custody, residence and asset distribution are settled.

IMPORTANT:

the same 2-year marriage rule applies to couples divorcing in Malaysia. However, if domestic violence or mental illness is involved, this rule does not apply,
the decree nisi is made absolute and then sent to the Registrar of Marriages (National Registration Department) to register the divorce.

We invite you to watch a short video on how to get divorced in Malaysia:

Can a marriage be annulled in Malaysia?

Yes, especially if a forced marriage took place.

Can foreign couples get a divorce in Malaysia?

Yes, helped & represented by our Malaysian divorce lawyers.

How is Muslim divorce done in Malaysia?

the application is filed at the state Syariah Lower Court.
the Muslim divorce can be concluded by mutual agreement or contested.

Can spouses claim maintenance in a divorce case in Malaysia?

Yes. The court of law analyzes the financial circumstances of spouses.

Can I file for divorce on my own? Why should I hire a divorce lawyer in Malaysia?

It is highly recommended to opt for a Malaysian divorce lawyer,
He/she has experience in separation cases and can properly prepare and submit the documents,
Representation in the court of law is provided by a divorce specialist,
A divorce lawyer in Malaysia constantly communicates with the clients/spouses getting a divorce.

REMARK: Acting on your own in a divorce case in Malaysia is quite complex and time-consuming.

In addition to the services offered by our divorce lawyers, you can also opt for those offered by our immigration lawyers in Malaysia. We also help foreign citizens obtain residency through the Malaysia My Second Home Program (MM2H). Our customers can also choose other services from our corporate lawyers in Malaysia. Feel free to contact our law firm in Malaysia for details and personalized offers.