Divorce and Family Lawyers in Malaysia
Going through a divorce or a custody dispute is hard. Our family lawyers in Puchong and Kuala Lumpur give you clear advice, protect your children and your share of the family assets, and handle the court process from start to finish.
- 15+ years of experience
- ALB 2022 shortlisted: Matrimonial and Family Law Firm of the Year
- Offices in Puchong and Mont Kiara
- Online consultations
How We Can Help
- Divorce by joint petition (mutual consent) or single petition (contested)
- Child custody, care and control, access and relocation
- Spousal and child maintenance, including for higher education
- Fair division of matrimonial assets
- Protection orders under the Domestic Violence Act 1994
- Overseas marriages and cross-border family disputes
Explore our family law guides
Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
ALB 2022
Shortlisted, Matrimonial and Family Law Firm of the Year
Child First
Custody plans built around your child's welfare
Fair Division
Of matrimonial assets
Divorce by Mutual Consent (Joint Petition)
If both of you agree to end the marriage, a joint petition under section 52 of the Law Reform (Marriage and Divorce) Act 1976 is usually the quickest and least costly route.
- You must have been married for at least two years, unless the court allows an earlier petition for exceptional hardship.
- Both of you must freely consent to the divorce.
- You must agree on custody, maintenance and the division of assets.
- No referral to a marriage tribunal is needed.
We negotiate and draft the settlement terms so that they are fair, workable and enforceable, and we handle the filing and the court hearing for you.
Contested Divorce (Single Petition)
If your spouse will not agree, you can file a single petition under section 53 on the ground that the marriage has broken down irretrievably. Under section 54 you must prove at least one of these facts:
- Adultery, and you find it intolerable to live with your spouse.
- Behaviour that you cannot reasonably be expected to live with.
- Desertion for at least two years.
- Living apart for at least two years.
Before filing, the matter must generally go to a marriage tribunal under section 106, which issues a certificate if reconciliation fails within six months. Exceptions apply, for example where your spouse lives abroad or refuses to attend. We also act on judicial separation and annulment.
Child Custody, Care and Control and Access
The welfare of the child is the paramount consideration under section 88. Both parents have equal rights as guardians under the Guardianship of Infants Act 1961. When deciding custody, the court considers:
- The wishes of both parents.
- The wishes of a child who is old enough to express an independent view.
- A rebuttable presumption that a child under seven is better with the mother.
- The need to avoid disrupting the child’s life.
Many cases end with joint custody, with care and control to one parent and access to the other. We apply for interim custody and access orders, vary existing orders, and act urgently to stop a child being taken out of Malaysia without consent.
Spousal and Child Maintenance
Maintenance can be ordered while the case is pending and after the divorce. The court looks at the means and needs of each party.
- Under section 77, a husband may be ordered to maintain his wife or former wife.
- A wife may be ordered to maintain a husband who cannot earn a living because of illness or injury.
- Both parents have a duty to maintain their children under section 92.
- Child maintenance can continue past 18 until the child completes further or higher education or training.
We build realistic claims from the family’s actual expenses, apply to vary orders when circumstances change, and take enforcement action when payments stop.
Division of Matrimonial Assets
Under section 76, the court may divide assets acquired during the marriage, whoever acquired them, and it inclines towards equal division. It takes into account:
- Each party’s financial contributions.
- Contributions to the welfare of the family, such as looking after the home and the children.
- Any debts and the needs of the children.
- The length of the marriage.
Matrimonial assets can include the family home, savings, investments, shares and business interests. If there is a risk that your spouse will sell or hide assets, we apply for injunctions to preserve them.
Domestic Violence, Child Relocation and Cross-Border Disputes
The Domestic Violence Act 1994 protects spouses, former spouses, children and other family members.
- An Emergency Protection Order from the Social Welfare Department lasts seven days.
- An Interim Protection Order protects you while the police investigate.
- A Protection Order can last up to 12 months.
If you are in immediate danger, call 999 or Talian Kasih at 15999. Malaysia is not a party to the 1980 Hague Child Abduction Convention, so we act quickly on child relocation and removal disputes. We also advise on overseas marriages, foreign divorces and international custody through our Foreign Service Desks for clients from China, Korea and Japan.
Read more about child relocation and cross-border family law →
Frequently Asked Questions
You generally cannot file a divorce petition until two years have passed from the date of your marriage, under section 50 of the Law Reform (Marriage and Divorce) Act 1976. The court may allow an earlier petition only in cases of exceptional hardship. Petitions based on a spouse's conversion to Islam are not subject to this rule.
A joint petition under section 52 is filed by both spouses who agree to divorce and have agreed on terms such as custody, maintenance and assets. A single petition under section 53 is filed by one spouse alone when the other will not agree, and the petitioner must prove that the marriage has broken down irretrievably. A joint petition is usually faster and less costly.
For a single petition, the dispute must generally first be referred to a conciliatory body, usually a marriage tribunal, under section 106, which issues a certificate if reconciliation fails. A joint petition does not need this referral. There are exceptions, for example where the other spouse lives abroad or wilfully fails to attend.
The court decides based on the welfare of the child, which is the paramount consideration. It considers the wishes of both parents and of a child who is old enough to express a view, and presumes, subject to evidence, that a child under seven is better with the mother. Joint custody, with care and control to one parent and access to the other, is common.
A child maintenance order normally lasts until the child turns 18. Since the 2017 amendments it can continue until the child completes further or higher education or training, and for as long as the child has a physical or mental disability.
Yes, but only in limited circumstances. Under section 77 the court may order a wife to pay maintenance to her husband or former husband if he is wholly or partly unable to earn a living because of mental or physical injury or ill-health, and if it is reasonable given her means.
The court may divide assets acquired during the marriage, whoever acquired them. It considers financial contributions, contributions to the welfare of the family such as caring for the home and children, debts, the needs of the children and the length of the marriage, and it inclines towards equal division.
Generally yes. The Malaysian High Court can dissolve a monogamous marriage registered overseas where both parties are domiciled in Malaysia when the petition is filed. If your divorce was granted abroad, we can advise on whether it is recognised in Malaysia and on any related custody or property issues.
Bring your marriage certificate, your children's birth certificates, recent payslips or business accounts, bank and EPF statements, property documents, and any police reports, protection orders or relevant messages. This helps us advise you on your options, likely costs and the steps involved.
Speak to a Family Lawyer
Whether you are thinking about divorce, need urgent orders for your children, or want to protect your share of the family assets, early advice helps you avoid costly mistakes. Book a confidential consultation with our family law team.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
