Civil Divorce in Labuan: Court, Travel and Options

Where do Labuan couples file?

Labuan is a federal territory off the coast of Sabah. The divorce law is the same as elsewhere in Malaysia. Couples married under the Law Reform (Marriage and Divorce) Act 1976 usually file at the High Court in Sabah and Sarawak at Kota Kinabalu.

Many couples start with a joint petition divorce. You agree on custody, maintenance and property before filing. It is faster and cheaper, and it means fewer trips to court.

What if my spouse does not agree to the divorce?

You can file a single petition, also called a contested divorce, at the same court in Kota Kinabalu. It takes longer. You must prove the marriage has broken down through one of these facts:

• adultery
• unreasonable behaviour
• desertion for at least two years
• living apart for at least two years (your spouse’s consent is not needed)

Each fact needs evidence, so early advice helps you prepare.

How is child custody decided?

Under Section 88 of the LRA 1976, child custody is decided on the child’s welfare. The court looks at each parent’s ability to give stable care, the child’s wishes if they are old enough, and keeping their schooling and daily routine steady.

Parents who agree on custody before filing can ask the court to approve their arrangement. The court looks favourably on this, and it is usually easier on the children.

How do I get from Labuan to the court?

You can fly or take the ferry to Kota Kinabalu. Daily flights take about 30 minutes, and ferries run regularly between Labuan and Jesselton Point in Kota Kinabalu.

Book travel and accommodation early, as you must attend hearings in person. Arrive early on the day, since sessions usually start at 9:00 AM.

What documents should I prepare?

• your original marriage certificate
• identity documents for both spouses
• any written agreements you have already reached
• your children’s schooling, healthcare and living arrangements, if you have children

Sort everything out before you travel so your time in Kota Kinabalu is well used.

Looking to engage a divorce lawyer? If you are unsure how many trips to Kota Kinabalu your case may need, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.