Civil Divorce in Kelantan

One court for the state

Civil divorces under the Law Reform (Marriage and Divorce) Act 1976 are usually heard at the High Court of Malaya at Kota Bharu.

Families in Pasir Mas, Tanah Merah and elsewhere in the state use the same court.

What are your options?

A joint petition divorce is for couples who both agree to divorce and settle the key terms, including children, property and money. It is the quickest route.

If you cannot agree, one of you can file a contested divorce, relying on one of these facts: adultery, unreasonable behaviour, desertion for at least two years, or living apart for at least two continuous years.

What happens at the Kota Bharu High Court?

Your lawyer files the petition and supporting documents, and the court sets hearing dates.

In a joint petition, you both attend, confirm your agreement, and the court grants a decree nisi (first-stage order). It normally becomes final three months later.

Contested cases have more steps, such as case management, exchanging documents and sometimes mediation before trial.

How is child custody decided?

Child custody decisions follow Section 88 of the Act, which makes the child’s welfare the main consideration. The court also looks at each parent’s ability to care, the stability of the home and the child’s wishes if old enough.

Parents are encouraged to agree custody before a hearing, which is usually easier on children.

Travelling to Kota Bharu

Pasir Mas is about 30 minutes from Kota Bharu, and Tanah Merah about 45 minutes. Most of the preparation happens outside court, so you should not need many trips.

Looking to engage a divorce lawyer? If you are unsure what your first step should be, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.