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Malaysia Divorce TOP 10 FAQ

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How to get a divorce fast and easy in Malaysia TOP 10 Tips

If you want to get a fast and easy divorce in Malaysia, what kind of preparations do you need to make?

1) Firstly, you must confirm the grounds for divorce!

Often the grounds for divorce can determine the type of divorce. The reasons for divorce are usually that both parties do not want to continue the marriage, the other half is missing, they have been separated for more than two years, cheating and etc.

2) Secondly, understand the type of divorce that suits you.

Divorce is divided into unilateral divorce (single petition divorce) and mutual divorce (joint petition divorce). A mutual divorce means that both spouses agree to divorce. Unilateral means that one party agrees to the divorce, but the other party does not agree to the divorce. So you must understand your situation to decide the pattern of divorce.

3) Thirdly, regarding child custody.

When a marriage involves children, you must decide on custody of the children. Whether both parties have joint custody of the children, or only one party having unilateral custody? Joint custody means that both parties can decide the future of the child together. Unilateral custody means that only one party can decide the future of the child.

4) Fourth, regarding children maintenance

If the marriage involves children, children maintenance is very important. Never ask your lawyer how much can a children receive the maintenance, because the amount depends on the child’s lifestyle and the parents’ income.

5) Fifth, children’s visitation rights

After divorce, children usually live with either the father or the mother. If the child is to live with the mother after the divorce, unless the father has a criminal record or has a tendency to abuse children, then the father can get visitation rights.

6) Sixth, wife’s maintenance

In a divorce, only the wife is entitled to maintenance, not the husband. Therefore, when divorcing, the wife can ask her husband to pay maintenance. As for the amount, it depends on the wife’s lifestyle before divorce and the husband’s financial ability and income. Don’t ask your lawyer how much maintenance you can get? Because all this still depends on your lifestyle before the divorce.

7) Seventh, distribution of matrimonial estate.

If the couple has a matrimonial estate when they get married, then it is very important to distribute the matrimonial estate. We have another video that talks about matrimonial assets in detail, so you can search in our website for more details.

8) Eighth, prepare divorce documents

So what documents are needed for divorce? Divorce requires a marriage certificate, if there are children, the child’s birth certificate, both parties’ Identification documents, and documents of matrimonial assets. For example, a Sales & Purchase Agreement or a property grant title.

9) Ninth, find a lawyer with experience in handling divorce

Remember when you see a doctor, you want to see a specialist. Not every lawyer can handle divorce well. The example that I have seen is that some clients approach lawyers who did not specialize in divorce. As a result, a divorce court order was made, and everything was problematic. When they finally found us to take over, the customer still had to waste time and spend a lot of money to hire us to amend the court order. It was really unnecessary.

10) Finally, spare some time to go to court

You don’t have to go to court when you get married, but you must go to court when you get divorced. However, we can help you apply to the court to attend the divorce hearing via video conferencing, so you don’t have to physically go to court to attend the hearing. We will send you a ZOOM link, and if you click on that link, it will connect you directly to the court. So to put it simply, you can use video conferencing to get divorced.

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Malaysia Divorce Top 10 FAQ

Actually, there is no need to. In a joint petition, as long as the couple wants to get a divorce, it can be for any reason and at any time. Not necessary, they must be separated for more than two years.

However, in a single petition or we also call it as unilateral divorce, the party can get a divorce under 4 circumstances:

(1) In the first circumstance whereby a spouse has been separated for more than 2 years

2) The other circumstance is where one of the spouses has deserted the other  for more than two years

3) The third circumstance is that one of the spouses has committed adultery.

4) The final situation is whereby  one of the spouses has behaved in an unreasonable way to the extent that the other spouse cannot withstand  it.

Thus, one of the spouses can file for a single petition.

No, it is not true. You can actually file for a unilateral divorce or we usually call it as a single petition.

In the joint petition or we call as mutual divorce, normally it only takes about 1 month. Whereas in a single petition or we call it as unilateral divorce, it usually takes from about 5  to 6 months.

Actually, it depends on the needs of the wife and the capability of the husband. Assuming that a husband earns RM 3,000 a month, and if the wife is asking for a RM 4,000 monthly maintenance (fee), then it is totally unreasonable. Hence, it has to be within the capability of the husband, and at the same time it must fulfil the needs of the wife.

Mutual Divorce (Joint Petition):

In a mutual divorce or we call as a joint petition, the party can actually divide the matrimonial assets based on their own wishes.

Unilateral Divorce (Single Petition):

In an unilateral divorce or we call it as a single petition, both parties can individually request the matrimonial assets to be fully given to each one of them. However, the decision on to whom it is to be given, it ultimately is in the hands of the court.

Mutual Divorce (Joint Petition):

In a mutual divorce, or we call it as a joint petition, the husband and wife can actually freely assign the custody, care and control of the child to the husband or to the wife based on their own wishes.

Unilateral Divorce (Single Petition):

In a unilateral divorce or as we call it a single petition, both the husband and wife can individually request for the custody, care and control of the child to be granted to them but ultimately the decision is in the hands of the court.

If a party files for an annulment of marriage, the effect will be as if he was never married before and under what circumstances can he actually file for an annulment of the marriage?

For example, if there is no consummation of the marriage and of course there are other circumstances as well whereby we shall discuss this topic in detail the next time.

There are several methods to solve this problem,

1) The first method will be bankruptcy proceedings, this is when the other half owes RM50,000 of maintenance. The other half can actually file a bankruptcy proceeding against the other spouse.

2) The second method we call as Garnishee Proceedings. For example, the wife can actually apply a court order whereby the court order allows the wife to get the money from the husband account without going through the husband.

3) The third method we call as Judgement Debtor Summons. For example, the wife can apply to summon the husband to go to court to explain why he incapable to pay the maintenance. In the event the husband fails to give an explanation, the court can order the husband be sent to jail.

4) The fourth method we called as Committal Proceedings. This is when the husband refuses to pay the maintenance, he has actually committed a contempt of court, and the court can actually order him to go into a civil jail.

It is not true at all. Assuming that the wife doesn’t have earning capacity, she can always ask the court to order the husband to pay her the child maintenance and let her to maintain the child.

The court staff such as the court registrar can actually sign the sales documents on behalf of the affected party to effect the court order.

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