Family Law - Divorce

Divorce is not a failure, but an awakening.

It is often within marriage that we slowly come to realize — No matter how romantic, without responsibility and companionship, love will eventually shatter under the weight of daily trivialities.

When you finally see that love is not empty promises, but something proven in the everyday details of life.

When you finally understand that swallowing your pain will never bring true happiness.

You gain the courage to let go.

Why Choose Michael Tie & Co ?

Trusted & Experienced Team

Recognised among the best divorce lawyers in Kuala Lumpur, we provide reliable, professional, and result-driven legal services in family and divorce matters.

Personalised Legal Strategy

We analyse over 15 years of Malaysian court judgments to design the best approach for your case — protecting your rights in child custody, maintenance, and property division.

Caring & Supportive Guidance

Our family lawyers listen with empathy, explain your rights clearly, and guide you through every step of the divorce process with understanding and discretion.

How to Get Divorce in Malaysia?

Click Following Service For More Details

Joint Petition

Single Petition

Annulment Of Marriage

Divorce Before 2 Years

Requirement Of Joint Petition

1. Marriage Duration
The couple must be married for at least 2 years before filing, unless there are exceptional circumstances (which typically apply to single petitions only).
2. Mutual Agreement
Both husband and wife must agree:
-To divorce
-On all major terms (e.g. child custody, maintenance, property division)
3. Marriage Registration
The marriage must be registered under Malaysian civil law (i.e., not customary or religious only).
4. Jurisdiction
At least one party must be domiciled or residing in Malaysia at the time of filing

Procedure Of Joint Petition

1. Agreement
Both husband and wife agree to divorce and settle all issues (children, maintenance, property).
2. Prepare documents
Lawyer drafts the Joint Petition and Settlement Agreement. Attach marriage certificate, IC copies, and any children’s birth certificates.
3. File in court
Submit documents to the High Court. Pay the filing fee.
4. Court hearing
Both attend Judge confirms consent and welfare of children. 
5. Decree Nisi
Court grants provisional divorce order.
6. Decree Absolute
After 3 months, apply to make it final. Marriage is officially dissolved.

Our Joint Petition Service Includes

1. Consultation & Legal Advice – Understand your rights, key terms of divorce and the joint divorce process in Malaysia.
2. Document Preparation & Filing – We handle all required court paperwork for you and your spouse to sign.
3. Negotiation & Agreement Finalisation – we help you and your spouse reach a fair agreement on key terms before filing.
4. Court Hearing – Both parties attend the hearing together with your lawyer.
5. Post-Divorce Assistance – Help with submitting the divorce order to JPN.
6. All Court Fees Included – Covers all statutory and court-filing fees.

Documents Required For Joint Petition

1. IC or Passport (foreigner) of both spouses
2. Marriage Certificate (original or certified copy)
3. Children's Birth Certificate(s) (if applicable)
4. Documents relating to matrimonial assets (eg, property titles, sale and purchase agreements, EPF statements)
5. Agreed divorce terms between both parties
6. Statement as to Arrangements for Children (if there are children)
7. Any medical reports for children (if relevant)
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FAQ Of Joint Petition

1. How long does it take for a divorce matter to be completed?
Estimated 3 months.

2. Can I complete it online?
Yes. It depends on the court’s requirement and any special circumstances.

3. When can I remarry?
Upon updating marital status at National Registration Department.

4. Can I submit divorce application (both agree) to the National Registration Department (JPN) without going through the court?
No.

Requirement Of Single Petition

1. Marriage Duration
The couple must be married for at least 2 years, unless with court permission to file earlier.
2. Grounds for Divorce
Must prove that the marriage has irretrievably broken down, such as:
-Separation for at least 2 years, or
-Adultery, unreasonable behaviour, or desertion for more than 2 years.
3. Marriage Registration
The marriage must be registered under Malaysian civil law (i.e., not customary or religious only).
4. Jurisdiction
At least one party must be domiciled or residing in Malaysia at the time of filing

Procedure Of Single Petition

1. Filing the petition
Preparing and submitting the necessary documents to court.
2. Court proceedings
Attending hearings and managing the case before the judge.
3. Evidence & submissions
Presenting evidence, affidavits, and legal arguments on your behalf.
4. Decree Nisi
Court grants provisional divorce order.
5. Decree Absolute
After 3 months, apply to make it final. Marriage is officially dissolved.

FAQ Single Petition

1. How do I serve the petition to my spouse living overseas?
a) Three personal attempts will be made to serve via courier etc
b) Should three attempts fail, we may file an application to dispense the service requirement or an application for substitute service

2. Will witnesses be called during proceedings?
Yes, witnesses will be called to support your case.

3. Can I complete it online?
Proceedings may be conducted via zoom subject to Court’s discretion and instructions.

4. Can I secure maintenance and custody of children during proceedings?
Yes, separate applications will be filed into court in this regard.

5. Will spouses be able to settle the matter in the middle of proceedings?
Yes, however, all settlement is best done before trial begins

6. When can I remarry?
Upon updating marital status at National Registration Department.

Requirement Of Annulment Of Marriage

1. The marriage has not been consummated due to incapacity or refusal.
2. Lack of valid consent (e.g. due to duress or mental disorder).
3. One party is suffering from a mental disorder or venereal disease in a communicable form.
4. The wife was pregnant by another man at the time of marriage.

Procedure Of Annulment Of Marriage

1. Filing the petition
Preparing and submitting the necessary documents to court.
2. Court proceedings
Attending hearings and managing the case before the judge.
3. Evidence & submissions
Presenting evidence, affidavits, and legal arguments on your behalf.
4. Decree Nisi
Court grants provisional divorce order.
5. Decree Absolute
After 3 months, apply to make it final. Marriage is officially dissolved.

Requirement Of “Leave of Court”

The applicant must show the court there are exceptional circumstances or hardship, such as:
1. Domestic violence or abuse (physical, emotional, financial)
2. Desertion or abandonment by the spouse
3. Severe incompatibility causing hardship
4. Serious issues making it unreasonable to wait until 2 years

Procedure Of “Leave of Court”

1. Draft affidavit
Lawyer will prepare an application to the High Court. You need to explain the exceptional reasons (e.g. abuse, abandonment, serious hardship). Supporting documents or evidence will strengthen your case.
2. Court hearing 
The judge will review your reasons. If the court is satisfied, it will grant you leave (permission).
3. Filing the Divorce Petition
Once leave is granted, you may proceed to file the actual divorce petition (single petition or joint, depending on whether both parties agree).
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