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Leading Divorce Blog in Malaysia: Featured In
Our divorce law blog has been featured as one of the most resourceful in Malaysia by Fahri Azzat, a distinguished litigation lawyer in Malaysia in his blog (From The Bar Stool). Read the full feature here.
Our Divorce Law Firm in KL & Selangor, Malaysia
Tam Yuen Hung & Co. is a boutique divorce and family law firm in Malaysia (A law firm registered with the Malaysian Bar with the registration number 000020005128).
Our law firm is specialized in divorce and family law for non-Muslims in Malaysia since 2017.
Our legal services include:
- Joint Petition for Divorce
- Single Petition for Divorce
- Application for Custody & Maintenance
- Division of Matrimonial Assets
- Variation of Divorce Order
- Annulment
- Judicial Separation
- Prenuptial and Postnuptial Agreement
Divorce in Malaysia: What You Should Know
What You Need To Know About Getting a Divorce in Malaysia
- You need to be married for more than 2 years before you are allowed to file for divorce in Malaysia. To divorce within 2 years from date of your marriage, you will need to show hardship / special circumstances before you are allowed to divorce.
- Mutual divorce (commonly known as joint petition for divorce) is much faster and less complicated than non-mutual divorce (commonly known as single petition for divorce).
- Both parties must attend the court hearing for mutual divorce. If either party cannot attend the court hearing for mutual divorce, you must give good and valid reason to be exempted. The Court shall have full discretion to allow the exemption or not.
- Cost for mutual divorce is much cheaper compared to non-mutual divorce. Our divorce lawyer in Malaysia may assist to reach for divorce settlement, if possible, to save time and cost for divorce. Read here to understand the cost for divorce in Malaysia.
- Mutual divorce will take around 3-4 months before completion. On the other hand, non-mutual divorce will take 6-9 months usually.
- For non-mutual divorce (single petition), you will need to prove your ground for divorce. For mutual divorce (joint petition), there is no need to prove anything as long as both parties agree to divorce in Malaysia.
- For a non-mutual divorce (single petition), you are required under the law to attend 3 sessions of marriage counselling with Jabatan Pendaftaran Negara (JPN) and the marriage tribunal of the JPN must be satisfied that both of you cannot be reconciled before issuing a certificate to prove the same in order for you to start a single petition divorce in Malaysia.
- There is no such thing as “automatic divorce” after 2 years of separation / living separately. You will still need to apply for a divorce and you can use the 2 years of separation as a ground for divorce in Malaysia.
- Your divorce status in Malaysia will be updated once the JPN is notified of the same. You can only remarry after the divorce is registered with the JPN (by submitting your divorce certificate to the JPN).
- To get a divorce in Malaysia, divorce petition must be filed to the Court in Malaysia and only the Court has the power to dissolve non-Muslim marriages (divorce).
- If you are divorced overseas (foreign divorce), you need to get the Malaysian Court to recognise the divorce you obtained overseas before you can update the divorce status in Malaysia. The Court must grant a declaration order for this application.
- There is no need to attend marriage counselling with the JPN if the divorce terms are agreed (mutual divorce) to file a joint petition for divorce. If the divorce is not mutual, parties must attend the said counselling required under the law.
- You need to prepare your marriage certificate, birth certificate of your children (if any), and details of matrimonial property(ies) (if any) to start the divorce process. You may click on the WhatsApp button to get free consultation from our divorce lawyer now.
- You can still get a divorce in Malaysia if your spouse is missing or cannot be found. This is by filing a single petition for divorce on the ground of desertion.
- You can file a divorce from your foreign spouse in Malaysia by way of joint petition (mutual divorce) or single petition (non-mutual divorce).
Divorce Procedure in Malaysia for Non-Muslim
To get a divorce is Malaysia for non-Muslim, you need to first determine if it is a mutual or non-mutual divorce.
Here are the simplified guides on the process of divorce in Malaysia.
Mutual Divorce (or Joint Petition for Divorce)
- Consult our divorce lawyer on the agreed terms between both parties and the divorce terms must be agreed by both parties voluntarily.
- Divorce petition will be prepared on the agreed terms and both parties must sign it.
- The divorce petition and other relevant legal documents will be filed to the Malaysian Court and a date of hearing will be fixed by the Court.
- Both parties are required to attend the Court hearing (physically or online), assisted by our divorce lawyer.
- The Court will grant a decree nisi (provisional divorce order) and will be made absolute (final) 3 months after the court hearing under the law.
- Divorce certificate will then be issued and the same will be updated with the Jabatan Pendaftaran Negara (JPN) in order to update your marital status.
Non-Mutual Divorce (or Single Petition for Divorce)
- You must attend the marriage counselling with the JPN first. The JPN will issue a document known as KC28 or KC29 before you can file a single petition. You may read here for more information on the said marriage counselling and whether if you can apply for an exemption.
- Once KC28 or KC29 document is issued by the JPN, you may consult our divorce lawyer on the reason and ground to apply for a divorce. You can read here for more information on the grounds for divorce in Malaysia.
- Divorce petition will be filed to the Court and the Court will fix dates for case managements. This is a process to ensure that the Court is satisfied that the divorce petition is served to your spouse accordingly.
- In the event, if you spouse cannot be located, our divorce lawyer will apply the necessary such as advertising on newspapers etc. as directed by the Court.
- The Court will determine and give directions accordingly on the process depending if your spouse is going to defend the divorce petition or not.
- Once the Court is satisfied that all parties have filed the necessary documents, the Court will then fix a date of hearing/trial accordingly and decide based on the facts and evidences.
- If the ground for divorce is proven, the Court will grant a decree nisi (provisional divorce order) and will be made absolute (final) 3 months after the court hearing under the law.
- The Court will also make other necessary orders pertaining to the custody of children, alimony & maintenance of children, division of matrimonial assets, and other relevant orders after the hearing/trial.
- Divorce certificate will then be issued and the same will be updated with the Jabatan Pendaftaran Negara (JPN) in order to update your marital status.
Talk To Our Divorce Lawyer in Malaysia
HP: 016-947 3338
Click to WhatsApp our Divorce Lawyer Now
Office: 03-9081 3889
Email: tyhlawfirm@gmail.com
Where Can You Find Our Divorce Lawyer
Tam Yuen Hung & Co.
HQ Office: C-65-1, Jalan C180/1, Dataran C180, 43200 Cheras, Selangor
(By Appointment Only)
Cheras Branch Office: 21, Jalan Puteri 9/1, Bandar Mahkota Cheras, 43200 Cheras, Selangor
(By Appointment Only)
Klang Branch Office: 38-1, Lorong Batu Nilam 3c, Bandar Bukit Tinggi 1, 41200 Klang, Selangor(By Appointment Only)
Trusted Divorce Services in Malaysia: Read Our Google Reviews
"If you’re looking for a family lawyer who is professional, knowledgeable, and compassionate, look no further. This law firm exceeded all my expectations!"
Yun Yun, Klang
"Mr Tan is very knowledgeable and he's someone who's easy to work with when it comes to this. I absolutely recommend him."
Irene Yeoh, KL
"Very good service and professional legal advice, and very responsible."
Cloris, Cheras
"Fast, friendly and reasonably priced. Trusted law firm in town."
Ong PM, Kajang
"The guide was satisfied. The response was good."
Saras, KL