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DIVORCE LAWYER IN MALAYSIA

Getting a Divorce in Malaysia - Requirements for Joint Divorce Petition / Divorce by Mutual Consent for non-Muslims

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In Malaysia, there is no "automatic divorce", regardless of how long you have separated from your partner. In order to get a proper divorce, the only way is to file a divorce petition at the High Court of Malaya under the Law Reform (Marriage and Divorce) Act 1976 (Act 164) for an order of divorce. Thereafter, the divorce order will have to be submitted to the JPN for the update of marital status.

In order to get a fast divorce in Malaysia, you will need to fulfil ALL of the following non-exhaustive and general requirements in order to file a joint divorce petition: -

1. Your marriage must have been registered for at least two (2) years;
2. You and your partner must have agreed to a divorce;
3. You and your partner must have agreed to the arrangement as to your children (if any);
4. You and your partner must have agreed to the arrangement as to the properties under the joint names of you and your partner (if any);
5. You and your partner must have agreed to the amount of the monthly spousal maintenance (if relevant); and
6. You and your partner must not have any other terms and conditions which either of you does not agree to.​

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​If you fulfill ALL of the above pre-conditions, then you may be able to apply for and obtain the divorce order via a joint divorce petition. 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.

REQUIRED DOCUMENTS

​1. Your NRIC / Passport for non-Malaysian
2. Your Marriage Certificate
3. Children's Birth Certificate (if any)
4. Any other relevant documents

HOW DO WE WORK?
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STEP 1

APPOINTMENT AND DISCUSSION

Upon confirmation of our appointment, we will discuss your matter with you in detail. We will prepare the cause papers and process all the paperwork prior to your signing of documents.​

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STEP 2

SIGNING OF DOCUMENTS

After the documents are prepared, usually within 2 - 4 working days after appointment and discussion, we will make an appointment with you for the signing of documents. All the terms will be explained to you before signing.

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STEP 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 will normally be fixed for hearing within 1 week to 2 months after filing.

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STEP 4

COMPLETION

After the hearing of the matter by the court, we will process the remaining paperwork, which will normally involve the filing of the court order and extraction of the same. This would usually take between 1 day - 6 weeks after the court hearing.

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