How to Prepare a Divorce Affidavit in Malaysia

What is a divorce affidavit?

An affidavit is your written account of the facts, sworn to be true. In a divorce, it is how you put your evidence before the court on paper.

It supports applications such as the petition, interim (temporary) orders, custody and maintenance. The judge often reads it instead of hearing you speak.

Because you swear it before a Commissioner for Oaths, it must be accurate.

Stick to facts, not feelings

Write down what happened, not how angry or hurt you feel. “He was always cruel” is weak. A dated account of one specific incident is much stronger.

Set out facts you know yourself, in plain sentences. If something was told to you by someone else, say so.

What to include

Cover the facts that relate to what you are asking the court to decide:

• Custody: the children’s care, daily routine and welfare.
• Maintenance: incomes, expenses and needs.

Give dates, amounts and details wherever you can. General statements are easy to dispute.

Leave out anything irrelevant or meant only to attack your spouse. It rarely helps and can make you look unreasonable.

Attaching documents as exhibits

Documents that back up your account are attached as exhibits. Examples are bank statements, payslips, messages, photos and certificates.

Each exhibit is marked, for example “Exhibit A”, and referred to at the right point in the affidavit. This lets the court match what you say to the proof.

Keep the originals safe and make clean copies.

Swearing the affidavit

An affidavit takes effect only once you swear or affirm it before a Commissioner for Oaths and sign it in front of them.

Read every line before you swear it, because you are bound by what it says. Correct anything wrong or unclear first.

Never sign an affidavit you have not read or do not fully understand.

Common mistakes

• Stating hearsay (what others told you) as your own knowledge.
• Arguing instead of stating facts.
• Leaving out the dates and figures that give a fact its weight.
• Mentioning documents that are never properly exhibited.
• Exaggerating, which lets the other side cast doubt on everything else you say.

Looking to engage a divorce lawyer? If you are unsure what your affidavit should cover or which documents to attach, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.