How Does a Contested Divorce Work in Malaysia?

What makes a divorce contested?

A divorce is contested when one spouse files a petition alone and the other does not agree. This is called a single petition, under Section 53 of the Law Reform (Marriage and Divorce) Act 1976.

You must prove the marriage has broken down and cannot be saved. Section 54 gives four ways to show it:

• adultery
• unreasonable behaviour
• desertion for at least two years
• living apart for at least two continuous years

A contested divorce means more court dates and takes longer and costs more than a joint petition. But it may be the only option when your spouse will not agree.

How do you start?

First, you normally need a conciliation certificate. It confirms you went through the conciliation process and it failed. Without it, the court will usually not accept the petition.

Then you file a divorce petition at the High Court. It sets out the ground you rely on and the facts behind it. A lawyer drafts it to meet the court’s rules.

The petition is served on your spouse, who has a set time to file an answer. If they contest it, the case goes to trial.

What happens at trial?

Both sides give evidence before a judge. You must prove the ground in your petition. Witnesses can be called and documents such as financial records put in.

Your spouse can challenge your evidence and present their own. If there are children, both of you can give evidence on custody, access and maintenance. The children’s welfare comes first.

A trial may run over several days, often spread across different dates.

What are interim orders?

Interim orders are temporary orders that apply while the divorce is pending. They deal with urgent matters that cannot wait for the final decision.

Common examples:

• temporary custody arrangements
• interim maintenance
• injunctions to stop assets being sold or hidden

Each application has its own hearing. Your lawyer can advise which ones you need.

When is the divorce final?

If the court is satisfied the marriage has broken down, it grants a decree nisi. This is a conditional order. It does not end the marriage yet.

Under Section 61, a decree nisi cannot be made absolute until three months after it is granted, unless the court sets a shorter period. The decree absolute is the final order that ends the marriage and lets you both remarry.

The court also makes orders on related issues, such as dividing matrimonial property, spousal maintenance and arrangements for the children.

Looking to engage a divorce lawyer? If your spouse will not agree to divorce and you are unsure how to start, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.