Understanding the 2-Year Rule in Malaysia
Many people ask whether divorce becomes automatic after 2 years of marriage in Malaysia.
The short answer is no. Divorce in Malaysia is never automatic, regardless of how long you have been married or how long you have been separated.
Under the Law Reform (Marriage and Divorce) Act 1976 (Act 164), section 50 specifically restricts couples from filing a divorce petition within the first two (2) years of marriage, except in cases of exceptional hardship or depravity.
This restriction often creates the misconception that after 2 years, a marriage automatically ends. In reality, even after 2 years, you must still file a divorce petition in court.
The short answer is no. Divorce in Malaysia is never automatic, regardless of how long you have been married or how long you have been separated.
Under the Law Reform (Marriage and Divorce) Act 1976 (Act 164), section 50 specifically restricts couples from filing a divorce petition within the first two (2) years of marriage, except in cases of exceptional hardship or depravity.
This restriction often creates the misconception that after 2 years, a marriage automatically ends. In reality, even after 2 years, you must still file a divorce petition in court.
The Legal Position: No Automatic Divorce
- There is no such thing as automatic divorce in Malaysia.
- A divorce must always go through the High Court of Malaya.
- Even if both parties agree to divorce, they must file a joint petition.
- The court will only grant a Decree Nisi, which becomes final after 3 months when it is made absolute.
Divorce After 2 Years of Marriage
Once your marriage has lasted more than 2 years:
- You may file for divorce either by joint petition (mutual consent) or single petition (contested divorce).
- Both spouses must still appear in court (for joint petition).
- There is still no automatic process, you need to engage a lawyer to draft and file the petition.
Common Misconceptions About Divorce in Malaysia
“Divorce is automatic after 2 years.”
“Separation for a long time means the marriage is automatically over.”
“Registration department (JPN) can process a divorce.”
- ❌ False. Divorce must always be filed in court.
“Separation for a long time means the marriage is automatically over.”
- ❌ False. Separation may be grounds for divorce, but you must still apply in court.
“Registration department (JPN) can process a divorce.”
- ❌ False. Only the High Court of Malaya has the power to dissolve a marriage.
- Learn more: Can You Get a Divorce at JPN or Only Through the Court?
Frequently Asked Questions (FAQ)
Q1: Is divorce automatic after 2 years of marriage in Malaysia?
Q2: Why is there a 2-year restriction on divorce?
Q3: Can I file for divorce before 2 years of marriage?
Q4: What is the fastest way to divorce after 2 years?
Q5: Can I get divorced at JPN (Jabatan Pendaftaran Negara)?
- No. You must still file a divorce petition in the High Court. There is no automatic divorce.
Q2: Why is there a 2-year restriction on divorce?
- To prevent hasty divorces and encourage couples to try reconciliation before ending the marriage.
- Read more: Can I Get a Divorce Within 2 Years of Marriage in Malaysia?
Q3: Can I file for divorce before 2 years of marriage?
- Yes, but only if you can prove exceptional circumstances or hardship. Otherwise, you must wait until 2 years have passed.
Q4: What is the fastest way to divorce after 2 years?
- A joint petition is the fastest, usually taking 3–6 months depending on court scheduling.
- Read more about the Requirement of Mutual Divorce.
Q5: Can I get divorced at JPN (Jabatan Pendaftaran Negara)?
- No. JPN only updates your marital status after the High Court issues the divorce order. JPN cannot process or approve any divorce.
How do you get a fast and quick divorce in Malaysia when your marriage breaks down?
If you are looking for a fast divorce in Malaysia, the quickest route is usually through a joint divorce petition. However, you and your spouse must first meet several important requirements. Generally, to file for a joint divorce in Malaysia:-
Meeting all of these conditions ensures that your joint divorce petition can proceed smoothly and be finalized in the shortest possible time.
- Your marriage must be registered for at least two (2) years.
- Both parties must mutually agree to divorce.
- Both parties must agree on child custody and care arrangements (if there are children).
- Both parties must agree on how to deal with jointly-owned property (if any).
- Both parties must agree on the amount of spousal maintenance (if applicable).
- There must be no unresolved disputes or contested terms between both parties.
Meeting all of these conditions ensures that your joint divorce petition can proceed smoothly and be finalized in the shortest possible time.
If you fulfill ALL of the above pre-conditions, then you may be able to apply for and obtain the divorce order fast and quick. However, if you do not fulfil ANY of the above pre-conditions, kindly contact us so that we can assess your matter and provide the necessary legal advice.
Our lawyers regularly advise and represent clients in the High Court of Malaya in family and divorce matters. We are able to assist you in your divorce matter regardless of where you are (whether you are in Malaysia or overseas / outside of Malaysia).
Request for a quotation today by submitting your contact details. We will contact you to further discuss your matter. All information and details submitted to us will be kept strictly private and confidential.
Our lawyers regularly advise and represent clients in the High Court of Malaya in family and divorce matters. We are able to assist you in your divorce matter regardless of where you are (whether you are in Malaysia or overseas / outside of Malaysia).
Request for a quotation today by submitting your contact details. We will contact you to further discuss your matter. All information and details submitted to us will be kept strictly private and confidential.
About Us.
We understand that every divorce is unique and that each client has their own specific needs and concerns. That's why our divorce lawyers work closely with each client to understand their situation and develop a customized strategy to best meet their needs.
Our team of lawyers is fluent in both English and Mandarin Chinese, making us the ideal choice for clients who speak either language. We are committed to providing our clients with the highest level of communication and understanding, ensuring that they are informed and involved every step of the way.
At TEH & YU, we understand that divorce can be a difficult and challenging time for our clients. That's why we work tirelessly to provide them with the support, guidance, and representation they need to navigate this process with confidence. If you're facing a divorce, let us help you make it as seamless as possible.
Our team of lawyers is fluent in both English and Mandarin Chinese, making us the ideal choice for clients who speak either language. We are committed to providing our clients with the highest level of communication and understanding, ensuring that they are informed and involved every step of the way.
At TEH & YU, we understand that divorce can be a difficult and challenging time for our clients. That's why we work tirelessly to provide them with the support, guidance, and representation they need to navigate this process with confidence. If you're facing a divorce, let us help you make it as seamless as possible.
