Malaysia Marriage Law Divorce

According to the rules of the court, a unilateral application can only be made if the couple has had recourse to a person or body that is trying to reconcile the two spouses (§ 55 LRA). This body must certify that it has failed to reconcile the marriage before the application can be made. There are some exceptions to this requirement, even if the defendant deliberately refuses to attend meetings with this reconciliation body. [READ MORE: If I divorce in Malaysia, I will automatically get half of the property?] But what if the property was bought with your own money or before the wedding? So it wouldn`t be fair to share that, would it? Good question. So how does divorce law work in Malaysia? Below are some frequently asked questions, but before that, please note that the information in this article applies to civil marriages and not Islamic marriages. Click here for our article on divorce in Islamic marriages. In the event of the breakdown of the marriage, a parent, relative or other appropriate person may apply for custody of the child. Under Article 89(1) of the LRA, the granting of custody gives a person the right to make all decisions relating to the upbringing of a child at his or her discretion. Nullity, sometimes called « annulment », occurs when the marriage is « void » or « annullable ». This is not a divorce. A divorce occurs when an existing genuine marriage breaks down for some reason after the marriage.

On the other hand, a nullity order can only be issued if something is wrong or wrong with the marriage from the beginning. The law then provides that the court has the power, when issuing a decree of divorce or legal separation, to order the division of the property acquired during the marriage between the parties by the sole effort of a party to the marriage or sale of such property and the division of the proceeds of the sale between the parties. In exercising this power, the court shall take into account « (a) the amount of contributions of the other party who did not acquire the property by taking care of the home or taking care of the family for the benefit of the family; [and] (b) where applicable, the needs of minor children arising from marriage. The law states that « subject to these considerations, the court may divide the assets or proceeds of the sale into such ratio as it deems appropriate; in any event, however, the party by whose costs the assets were acquired receives a higher share. In many countries, it is common for spouses to be able to evade property allocation rules and other financial obligations through a « prenuptial agreement » signed between both spouses before marriage. The law also provides that in the event of divorce, the court « (a) shall take into account the amount of contributions that each party has paid in the form of money, property or work to acquire the assets; (b) any debt incurred by either party in the common interest; [and] (c) where applicable, the needs of minor children arising out of marriage » and « Subject to these considerations, the court is inclined to equal treatment ». Joint petitions are relatively easy because you don`t have to prove that the marriage is broken. The court will allow the divorce as long as both parties agree to the divorce and provisions for alimony and custody have been made. This type of divorce takes place by means of a `unilateral application`, an application from one of the spouses (`the applicant`) to the other (`the defendant`), without the consent of the other spouse.

All these divorces presuppose that the marriage is « irretrievably broken » (§ 53 para. 1 LRT). In determining whether a marriage is « irretrievably broken », the court will consider the following four reasons: An application for divorce cannot be filed within the first 2 years of the marriage, unless a court permit is granted in case of exceptional circumstances or difficulties for the applicant. Q: Can I file for divorce within 2 years of my marriage? A: Yes. It`s possible. Q: Do I have to separate from my spouse for 2 years before a divorce can be filed? A: No, not necessary. Q: Will I get an « automatic » divorce if I have separated from my spouse for more than 2 years? A: No. You must always file for divorce in court.

Q: Can I get a divorce by applying to JPN (Jabatan Pendaftaran Negara) without hiring a lawyer? Q: My spouse refuses to get a divorce, can I still file for divorce? A: Yes. Q: My spouse refuses to sign a divorce document, can I still file for divorce? A: Yes. Q: I have lost contact with my spouse, can I still file for divorce? A: Yes. Q: I am a foreigner in Malaysia who has registered my marriage abroad, can I file for divorce here? A: Yes, if you live in Malaysia. Q: I am a Malaysian who now lives abroad, can I file for divorce in Malaysia? A: Yes, you can sign the divorce documents abroad and hire a lawyer to file for divorce in Malaysia. Q: I am a Malaysian who registered my marriage in Malaysia and received a divorce certificate from abroad, will my divorce certificate be recognized in Malaysia? A: No. The overseas divorce certificate is not recognized in Malaysia. You need to hire a lawyer to: 1) apply for the local court`s declaration to recognize your overseas republic`s divorce certificate, OR 2) apply for a new divorce application in Malaysia. Government statistics show that 49,965 divorces were reported in Malaysia in 2017, meaning at least five marriages fail every hour.

You are now considering divorce, but since many parts of your life are now shared with your spouse, things can get quite complicated, especially when it comes to family property, alimony and custody. In addition, the Legal Reform (Marriage and Divorce) Act (Article 51) provides: « If one part of a marriage has converted to Islam, the other party who is not so converted may apply for divorce. » A marriage is « void » if no formality is required to end it. .