Family Law Services

How to get divorce in Malaysia?

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

Single Petition

When your husband/wife disagrees on divorce in some areas, ie, distribution of joint assets. 
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Joint Petition

When both of you can agree on all issues, ie, custody of children, division of your joint assets.
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Annulment Of Marriage

An Annulment of Marriage legally declares a marriage invalid from the start, unlike a divorce that ends a valid marriage.
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Leave to File Divorce

Marriage less than 2 years, to obtain the court’s permission to begin divorce proceedings.
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Child Custody And Visitation Rights

Child Custody and Visitation Rights determine how parents share responsibilities and time with their children after a separation or divorce. In Malaysia, the court’s main concern is always the best interests and welfare of the child.

Our lawyers provide clear guidance and legal representation to help you reach fair custody arrangements, including:

☐ Legal Custody – who has the authority to make major decisions for the child’s education, health, and upbringing.
☐ Physical Custody – where and with whom the child will primarily live.
☐ Visitation Rights – ensuring the non-custodial parent maintains meaningful contact and a healthy relationship with the child.

We assist in negotiating and drafting custody agreements, mediating disputes, and representing clients in court proceedings when necessary — always prioritizing your child’s wellbeing and your parental rights.

Isn’t it always the case that the mother will get custody of the child?

Well, the answer to that is YES. 

However, this rule applies to children below the age of seven years. Nevertheless, this rule can be challenged should there be any concern of the father whereby the Court will consider the effects and circumstances in possibly disturbing the life and growth of the child with the changes of custody.

Disputes revolving around the custody of the child differ depending on the facts and stories in various households. Rest assured, both husband and wife can be represented by a legal representative in getting substantive legal advice from our team.

The court carefully considers several aspects:

✔ The child’s age and needs – Young children are usually placed under the care of the mother, especially if they require maternal care and attention.
✔ The emotional bond with each parent – The court assesses which parent has been the primary caregiver and has a closer emotional connection with the child.

✔ Each parent’s ability to provide – This includes financial stability, living conditions, and the ability to offer a safe and nurturing environment.
✔ The child’s wishes – If the child is mature enough, their preferences may also be taken into account.
✔ Parental behaviour and conduct – Factors such as neglect, abuse, or immoral behaviour can affect custody decisions.
Ultimately, the court aims to ensure that the child’s physical, emotional, and educational needs are well cared for — not merely to reward or punish either parent.

Legal Process for Child Custody

Step 1. Consultation and Legal Advice - You begin by seeking advice from our  family lawyer to understand your rights, options, and the likely outcome based on your situation. →
Step 2. Filing an Application - A formal application (petition or summons) is filed with the court, either as part of a divorce proceeding or as a standalone custody application if the parents were never married or already separated. →
Step 3. Service of Documents - The court documents are served to the other parent, giving them an opportunity to respond or contest the application. →
Step 4. Mediation or Case Management - The court may direct both parties to attend mediation to encourage a mutual agreement on custody or visitation without a full trial. →
Step 5. Court Hearing and Evidence - If no agreement is reached, the case proceeds to a hearing. Both parents may present evidence, witnesses, and supporting documents to show their capability and commitment to the child’s welfare. →
Step 6. Custody Order and Visitation Schedule - The judge will issue a custody order and, if necessary, a visitation schedule outlining when and how the non-custodial parent may spend time with the child. →
Step 7. Enforcement or Variation - If circumstances change (e.g., relocation, remarriage, or welfare concerns), either parent may apply to vary or enforce the existing custody or visitation order.

'Will I ever be able to see my kid after the divorce?'

family law
The child’s best interest is what our team strives for as the general upbringing of the child is of utmost importance irrespective of the differences the parents may have between them. 
This is one of many concerns and inquiries we received from husband and wives before deciding if the divorce should happen. 

Visitation rights are awarded to the parent who does not have custody of their child. This could vary to several days and / or hours per week or month depending on the circumstances of the case. 

Visitation rights can always be discussed between the parents whereby our team has vast experience in bridging the gap and opening the mindset of the parent who is reluctant to provide any visitation rights to the non-custodial parent. 

We always believe in equal rights and access to the child. However, this would be subjected to the various backgrounds of the matter. Visitation rights must be afforded and managed carefully should a parent be known to have a drinking disorder, or is physically abusive in character or misuse of drugs. In light of safeguarding the interest of the child, a detailed visitation schedule may even be drawn up before the Court.

Maintenance To Children

Maintenance refers to the financial support a father is legally required to provide to his  children, either during marriage, after separation, or following a divorce. This ensures that the dependent children continue to have proper living, education, and healthcare arrangements.

Maintenance to Children

Parents have a joint responsibility to support their children, regardless of whether they are married or divorced. Maintenance for children may cover:

● Education fees and school-related expenses
● Food, clothing, and daily living costs
● Medical and healthcare needs
● Shelter and utilities
● Other reasonable expenses for the child’s welfare

The obligation continues until the child reaches adulthood, or longer if the child is still pursuing education or has special needs.

Terms Included in a Maintenance Order

A maintenance order may specify:
● The amount of monthly maintenance
● The date and method of payment (e.g., bank transfer, standing order)
● The duration of the payment obligation
● Conditions for adjustment or variation (if income or needs change)
● Penalties for non-compliance or late payment

Distribution of Marital Assets

The assumption of a husband or wife that they will surely and confidently obtain a certain share of assets or property upon divorce is ever present and embedded in the mindset of the said husband or wife.

Many do not understand the complexity and legal principles involved in the distribution of matrimonial assets. A matrimonial asset is an asset acquired during the course of the marriage, NOT BEFORE subject to certain exceptions as discussed below.

The governing legal framework on the division of matrimonial assets for non-muslim divorces is provided under s.76 LRA 1976, to which the Malaysian Courts possess wide discretionary powers in dividing the matrimonial assets by looking at the contribution, whether the assets in question were acquired jointly or by sole effort of one party and other external factors depending on the facts of the matter itself.

It is clear under s. 76(2), that the Court always are inclined in favor of the equal division of the assets between the spouses to which the court will look at the extent of contributions made by each party; the debts owing by either party which were made for their joint benefit; and the needs of the minor children (if any).

There is the prevailing stigma where only the wives will seek to claim the husband’s assets, however, this is not always the case. Divorce proceedings can certainly be a messy and highly bitter affair between the husband and wife in which both sides will try their best in obtaining the best possible outcome for their own benefit. This is where our team will come into the picture in assisting and providing a comprehensive breakdown of every detail of the asset which you seek upon the conclusion of divorce proceedings. 

Three types of matrimonial assets in divorce proceedings in Malaysia:

i. Assets acquired by Joint Efforts 
This is where spouses have made equal contribution and payment in acquiring an asset whereby each spouse is entitled to claim and apportion accordingly. The Court may order on the equal division of assets or the sale of the assets, in which the sale proceeds shall be divided equally.

ii. Assets acquired by sole effort of one party
This category of assets is acquired solely by one spouse to which the other spouse bears no financial contribution to the said asset. 

We often get asked if the house is under the sole name of the husband or wife, would the opposing spouse be entitled to the share of the house? The answer to that is yes, whereby the spouse is required to prove that he or she has made substantial indirect financial contribution towards the household expenses. The Courts will also look in regard to the contribution to the welfare of the family, i.e. the spouse be directly involved in the upbringing and care of the child. 

iii. Assets owned before marriage and substantial improvement
For the purposes of this section, these are assets obtained by one spouse during the marriage but have been substantially improved during the marriage by the other party or by joint efforts, notwithstanding it be financial contribution or indirect contribution such as the care and upbringing of the family. 

The husband or wife has to show that there have been substantial improvements made in the asset, for example, substantial renovation or maintenance of the home which contributed to the increase in market price of the home. Contribution would also have to be proven by the spouse in showing that perhaps utilities bills or maintenance of the home were paid by him or her throughout the course of their marriage.

Standard Legal Process for Distribution of Marital Assets 

1. Fact gathering and compilation of relevant documents.
2. Necessary actions such as entering caveat etc might be necessary. 
3. Injunction may be filed to prevent disposition of assets
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