Proof of Breakdown of Marriage in Malaysia: What You Need to Know

Proof of Breakdown of Marriage in Malaysia What You Need to Know by TYH & Co. Divorce Lawyer Malaysia

Introduction

Marriage is a sacred institution, but it is not always perfect. Sometimes, couples find that their marriage has broken down beyond repair. If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage.

The Law on Proof of Breakdown of Marriage in Malaysia

The law on proof of breakdown of marriage in Malaysia is set out in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. This section states that the court shall have regard to one or more of the following facts in its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage:

  • That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  • That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  • That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
  • That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

In addition to these four grounds, the court may also consider other factors in determining whether there has been a breakdown of marriage, such as the couple’s financial situation, their ability to raise children together, and their overall relationship.

What You Need to Prove to Get a Divorce in Malaysia

In order to get a divorce in Malaysia, you must prove that your marriage has broken down irretrievably. This means that you must show the court that there is no reasonable prospect of the marriage being saved.

The best way to prove a breakdown of marriage is to provide evidence of one of the four grounds listed in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. For example, you could provide evidence of your spouse’s adultery, their unreasonable behavior, their desertion of you, or your two-year separation.

If you are unable to provide evidence of one of the four grounds, you may still be able to get a divorce if you can show the court that your marriage has broken down irretrievably for other reasons. However, this is a more difficult task, and you will need to provide strong evidence to support your case.

What If Both Parties Agree To The Divorce Terms

In such cases, there is no need to provide any reason or ground for a divorce as long as the divorce terms are mutually agreed and proper arrangements have been made between parties accordingly. This is commonly known as a joint petition for divorce.

Getting Help from a Divorce Lawyer

If you are considering divorce in Malaysia, it is important to get help from a qualified divorce lawyer. A divorce lawyer can help you understand the law on proof of breakdown of marriage and can represent you in court.

A divorce lawyer can also help you negotiate a divorce settlement with your spouse. This settlement will determine issues such as child custody, child support, alimony, and division of matrimonial property.

If you are thinking about getting a divorce, it is important to act quickly. The longer you wait, the more difficult it may be to prove a breakdown of marriage and to get a fair settlement.

Conclusion

If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage. A divorce lawyer can help you understand the law and can represent you in court. It is important to act quickly to get a fair settlement.

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