Our lawyers regularly represent clients in family & divorce matters at the High Court of Malaya in different states of Peninsular Malaysia, more particularly in the states of Penang, Kuala Lumpur, Selangor, Johor, Negeri Sembilan and Malacca.

​If you have obtained a divorce order outside of Malaysia, we can also apply to the High Court of Malaya to get your foreign divorce order recognised and registered in Malaysia.

Our services include the following: -

• Fast and quick divorce in Malaysia (Learn more)
• Dissolution of marriage by mutual consent
• Divorce by joint petition (uncontested) (Learn more)
• Negotiation of divorce terms
• Divorce Settlement Agreement
• Division of properties after divorce
• Arrangement as to the children of marriage
• ​Prenuptial Agreement (Before Marriage)
• Postnuptial Agreement (After Marriage)
• Annulment of marriage
• Application for recognition of divorce order by foreign country (for divorce order obtained outside of Malaysia) (Learn more)
• Update of marital status at JPN

Disclaimer: Clicking on the "Submit Now" button above does not and will not establish a solicitor-client relationship until a formal appointment letter is signed.

REQUIRED DOCUMENTS

​1. Your NRIC
2. Marriage certificate
3. Children's birth certificate
4. Other relevant documents

HOW DO WE WORK?
​

1

APPOINTMENT AND DISCUSSION

Upon confirmation of our appointment, we will discuss your matter with you in detail. Once the divorce terms have been agreed, we will prepare the documents and process all the paperwork prior to your signing of documents.​

2

SIGNING OF DOCUMENTS

After the documents are prepared, usually within a few working days after confirmation of the divorce terms, we will make an appointment with you for the signing of documents. All the terms will be explained to you before signing.​

3

COURT HEARING

Upon the signing of the documents, we will file the same to the court. The court will process the documents and a hearing date will be fixed. Depending on the schedule of the court, the matter may be fixed for hearing within a few weeks after filing.​

4

COMPLETION

After the hearing of the matter by the court, we will process the remaining paperwork, which will involve the filing of the court orders and extraction of the same. Thereafter, we will submit the documents to JPN for update of your marital status.​​

HOW DO I FILE A DIVORCE PETITION?

In Malaysia, there are generally two types of divorce petition: -

1. Joint divorce petition (where both you and your partner agree to the divorce and the terms of separation); and
2. Unilateral / Single divorce petition (where either you or your partner disagrees with the divorce or any of the terms of separation).

JOINT DIVORCE PETITION - HOW AND WHEN?

As long as the joint divorce petition is filed two (2) years after your marriage, the Court may make the order of divorce if both you and your partner freely consent to the divorce, and proper arrangement has been made for the wife and children (if any).

SINGLE DIVORCE PETITION - GROUND FOR PETITION?

Unlike a joint divorce petition, there must be a proof of breakdown of your marriage, that is to say, that there must be proof of: -

1. commission of adultery by either party;
2. unreasonable behaviour of either party;
3. desertion by either party for two (2) years; or
4. both parties have lived apart or separately for two (2) years.

process and duration? WHEN CAN I REMARRY?

Joint Divorce Petition
Upon the filing of the joint divorce petition at the High Court, the hearing of your case will generally be fixed within 3-6 weeks. At the hearing of your divorce petition, a divorce order (decree nisi) may be granted if the Judge is satisfied that both parties have freely consented to the divorce and proper arrangement has been made for the wife and the children.

Single Divorce Peition
The duration of each case very much depends on the circumstances and the facts of a particular case. Upon perusing the documents and information from you, we will advise on the estimated duration accordingly.

When may you remarry?
You may remarry if you so wish after your marital status in the record of National Registration Department (Jabatan Pendaftaran Negara) has been updated. Please note that the decree absolute (or the decree nisi made absolute) shall be delivered to the JPN for purposes of updating your marital status in the JPN's record. Unless expressly granted by the Court, the decree nisi shall only be made absolute after the expiration of three (3) months from its grant.

COUPLE WITH CHILDREN - THINGS TO CONSIDER?

For couples with children, proper arrangement must be made for the support, care and custody of the children. It is strongly advisable for couples with children to discuss about the arrangement for the children. If you are unable to agree to it, the Court may decide on the matter having regard to the wishes of the parents (if any) and that of the children (if they are able to express independent opinion).

Below are the few points that you may wish to consider when discussing about the arrangement for the support, care and custody of your children: -

1. who will make decisions as to the children's education and religion;
2. who will pay for the children's living expenses and education costs;
3. if the custody of the children is not joint, what is the right to access/visitation right for you or your spouse;
4. where will the children reside after divorce; and
5. any holiday plans for the children.

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