How To Get Divorce In Malaysia?

“Divorce is not the end for these people, but the beginning of a new life.”

Lawyer Michael Tie said: “In the course of  practicing, I have seen too many people trapped in marriage ‘prisons’ because of afraid of the difficulties that they might face after divorce or lack of understanding about family law. They may be the housewives who have husbands that had an affair or committed adultery, or the wives that worry about domestic violence every day.
I have also seen many husbands worry about losing their custody or visitation right after divorce, or worry that divorce becomes a tool for extorting money used by their wives. Due to lack of understanding on the rights of a husbands or father in divorce cases, they decided not to divorce and endure an unhappy life.”

Why Choose Michael Tie & Co ?

We are trusted and reliable divorce lawyers in Kuala Lumpur.
Michael Tie & Co understands how difficult facing family matter can be. Life before divorce is suffering but life after divorce is sometime more challenging if the divorce proceeding is not properly handed. We understand the effects of divorce on you and/or on children and we are here to help you to prevent this from happening in the future. Our team has been listed as one of the best divorce lawyers in Kuala Lumpur
We will fight for you for the following: 

the best interest of you in the divorce petition
the child custody and visitation right
the spouse maintenance 
the property distribution
We will do the following during our initial consultation: 

We listen and deeply understand to your case, needs, goals, objectives during initial consultation 
We explain your rights in the divorce proceedings
We explain the divorce procedure/process in Malaysia 
We discuss potential defences on potential claims or allegations 
We explain our point of strategy and purpose of the strategy
We explain the potential outcome of the case process would look like to you
We explain our fees and payment terms
Our divorce lawyers will compare court judgments for the past 15 years with your actual situation and from the research, we will give our prediction on possible judgments by the court and we will advise you the best options and strategies you should take. 
We know you need someone to talk to when you are suffering, it is natural to want to talk to consult someone about your problem. You can talk to us about whatever challenges you are experiencing and our experienced family lawyer will help you in the way that you deserve. Welcome to make an appointment with us.

Joint Petition

When both of you can agree on all issues, ie, maintenance for spouse and children.

What is Joint Petition?

A Joint Petition is governed by Section 52 of the Law Reform (Marriage and Divorce) Act 1976. If both of you can agree on all issues, ie, custody of children, access to the children, maintenance for spouse and children, and division of your joint assets, you can file a joint petition. The Joint Petition is the fastest and easiest way to get divorce in Malaysia. 

We provide fixed legal fees for Joint Petition which is much less than the Single Petition.

FAQ for Joint Petition

What are the requirements of Single Petition

Marriage for more than 2 years except for exceptional hardship cases 
Parties domiciled in Malaysia.
Marriage registered in Malaysia or deemed to be registered under LRA 1976

How long does it take for a divorce matter to be completed?

Estimated 3 months.

Can I complete it online?

Yes subject to discretion and instructions from the Court. 

When can I remarry?

Upon updating marital status at National Registration Department.

Can I submit divorce application (both agree) to the National Registration Department (JPN) without going through the court?

No.

Joint Divorce Plan

RM XXXX
Without Kid
Without Property
SELECT
RM XXXX
With Kid
Without Property
SELECT
RM XXXX
Without Kid
With Property
SELECT
RM XXXX
With Kid
With Property
SELECT

Single Petition

When one of the spouses disagrees on divorce in some areas, ie, distribution of joint assets.

What is Single Petition?

Single Petition is governed by Section 53 & 54 of the Law Reform (Marriage and Divorce) Act 1976. When your husband/wife disagrees on divorce in some areas, ie, distribution of joint assets. You can file for divorce even if he/she does not agree to the divorce but you must first refer your problems to a marriage tribunal in the district you last lived together. 

The tribunal will call both of you a few times and see if there is a possibility of reconciliation. If there is none, then the tribunal will issue you a certificate to say it can’t reconcile both of you and you can use it to file the petition. 

A single petition (contested divorce) can be filed in Court and the Court shall take into consideration the reasons for the divorce before making a conclusive decision whether to grant a decree for divorce as the dissolution of marriage is a matter of grave consequence affecting the entire family and children in particular. If circumstances make it just and reasonable, the Court must grant a decree of divorce having regard to the alleged facts.

 Michael Tie & Co - Standard Legal Process for Single Petition

FAQ for Single Petition

What are the requirements of Single Petition

a) The marriage shall at least last for TWO (2) YEARS, except in exceptional circumstances or hardship suffered by the petitioner.

b) Parties are obligated to attend marriage counselling at the National Registration Department as per Section 106 of the Law Reform (Marriage & Divorce) Act 1976 prior to fiing the Single Petition. A certificate of non-reconciliation will be obtained from the NRD in which they will be given up to maximum of 6 months on the matter. This step can be skipped by filing an application for exemption to reconcile between parties. 

Petitioner will need to prove?

Your spouse has committed adultery
Your spouse has behaved in such a way that you could not reasonably be expected to live with your spouse
Your spouse has deserted you for a continuous period of at least two (2) years
Both parties have lived apart for a continuous period of at least two (2) years

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

Will witnesses be called during proceedings?

Yes, witnesses will be called to support your case.

Can I complete it online?

Proceedings may be conducted via zoom subject to Court’s discretion and instructions.

Can I secure maintenance and custody of children during proceedings?

Yes, separate applications will be filed into court in this regard.

Will spouses be able to settle the matter in the middle of proceedings?

Yes, however, all settlement is best done before trial begins

When can I remarry?

Upon updating marital status at National Registration Department.
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