Civil Divorce in Sarawak: Court, Travel and Steps

Where are Sarawak divorces heard?

If you married under the Law Reform (Marriage and Divorce) Act 1976, you end the marriage through a civil divorce. In Sarawak, these cases are usually handled at the High Court in Sabah and Sarawak at Kuching.

The court serves families from Kuching, Sibu, Miri, Bintulu and the rest of the state. Sibu also has its own High Court registry, and your lawyer can confirm which one applies to you.

Many couples start with a joint petition. You agree on custody, maintenance and dividing property before filing. It is usually faster and less stressful than going to court over each issue.

What if my spouse does not agree?

If your spouse will not agree, you may need a contested divorce, filed at the same court. You must show 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 its own evidence. A lawyer can tell you which one fits and what to prepare.

How is child custody decided?

Child custody follows Section 88 of the LRA 1976, where the child’s welfare comes first. The court looks at each parent’s ability to care for the child, the child’s wishes if they are old enough, and how stable each home is.

If you agree on custody before filing, you can ask the court to approve your arrangement. Courts encourage this, and it is often better for the children.

Travelling to the Kuching court

If you live in Sibu, Miri or Bintulu and your hearing is in Kuching, book travel and a place to stay early. You may need to attend in person. Regular flights and express buses link these towns to Kuching.

Your lawyer can help arrange hearings so you make fewer trips. On the day, arrive early: court usually starts at 9:00 am and security checks take time.

What documents should I prepare?

• Your original marriage certificate
• ID documents for both of you
• Any written agreement you have already reached
• If you have children: their schooling, healthcare and current living arrangements

If you are travelling from elsewhere in Sarawak, sort out your papers before the trip so your time with the lawyer is well used.

Looking to engage a divorce lawyer? If you live outside Kuching and are unsure where your case would be heard, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.