What Are the Grounds for Divorce in Malaysia?

What does the court need to see?

Under Section 53 of the Law Reform (Marriage and Divorce) Act 1976, there is only one ground for divorce: the marriage has broken down and cannot be saved.

Saying so is not enough. You must prove it with at least one of the four facts listed in Section 54.

This applies when one spouse files alone, called a single petition. If you both agree to divorce, a joint petition is usually simpler and does not need proof of fault.

Adultery

You can rely on adultery if your spouse has committed adultery and you find it intolerable to keep living with them. Both parts must be true.

Evidence can include photos, messages or witnesses. The court decides on the balance of probabilities, which means “more likely than not”, not “beyond reasonable doubt”.

Unreasonable behaviour

This applies if your spouse has behaved in a way that you cannot reasonably be expected to keep living with them.

Examples include violence, heavy drinking, neglecting the family, reckless spending and constant verbal abuse. The court looks at how the behaviour affected you.

For the kind of evidence that helps, see our guide to unreasonable behaviour as a ground for divorce.

Desertion

Desertion means your spouse left you, without your agreement and without good reason, and has stayed away for a continuous period of at least two years before you file.

Letters, messages and other records can help show when they left and that they meant to end the marriage.

Living apart for two years

You can also rely on having lived apart for a continuous period of at least two years before you file.

This ground does not require anyone to be blamed. It often suits couples whose marriage ended without a single cause.

Which ground fits your situation?

It depends on what has happened and what you can prove:

• Your spouse had an affair and you have evidence: adultery.
• Your spouse’s conduct made living together unbearable: unreasonable behaviour.
• Your spouse left and has been gone for two years or more: desertion.
• You have lived apart for two years or more: separation.

Even with the right ground, the court still considers all the circumstances, including how the divorce affects any children, before granting it.

Looking to engage a divorce lawyer? If you are unsure which ground fits, or what evidence you would need, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.