Divorce Procedures In Malaysia

Divorce Procedures In Malaysia by our divorce experts in Malaysia

Divorce Procedures In Malaysia

For mutual divorce procedures in Malaysia (or commonly known as joint petition divorce):

  1. Send your documents (marriage certificate (marriage must be more than 2 years), birth certificates of children (if any) and SPA/Title of property acquired during the subsistence of the marriage (if any) to us.)
  2. Send us the agreed terms between you and your spouse particularly on custody, maintenance of a spouse, maintenance of children and property division.
  3. Our divorce lawyer will prepare the draft of an agreement to be confirmed by both of you before fixing a date to sign the documents.
  4. After signing, our divorce lawyer will file to the High Court of Malaya and the High Court will fix a date of hearing in which both parties must attend the hearing (either party may be exempted with good and valid reason).
  5. On the hearing date, our divorce lawyer will present on your behalf and if the High Court is satisfied with the terms agreed, the High Court will pronounce / grant decree nisi (provisional order) before it is absolute (finalized) 3 months later.

For non-mutual divorce procedures in Malaysia (or commonly known as single petition divorce):

  1. Firstly, you will need to attend 3 sessions of marriage counselling with Jabatan Pendaftaran Negara and they will issue a letter after the said sessions. (Note: You may skip this step with good reason. Talk to our divorce lawyer today).
  2. Then, you will be able to file for a single petition divorce to the High Court by requesting the terms that you wish for through your divorce lawyer.
  3. The High Court will determine if the terms/divorce are disputed/contested or not.
  4. If it is not disputed/contested, the High Court will fix a date of hearing of the divorce petition. If it is disputed, parties are allowed to exchange replies to each other on the facts/terms for the divorce before the High Court fix a date for hearing/trial.
  5. On the date of hearing/trial for divorce, the High Court will determine the issues that arise and will make decisions accordingly to ensure fairness to both parties.


To find out more:


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