Which Court Handles My Divorce in Malaysia?

Which court hears a civil divorce?

Divorces under the Law Reform (Marriage and Divorce) Act 1976 are heard in the High Court. There are two: the High Court in Malaya for Peninsular Malaysia, and the High Court in Sabah and Sarawak.

Each has branches in different towns. The tool above shows the one for your state.

Which branch do I file in?

You generally file at the High Court branch nearest to where you, the person filing, live. If you and your spouse live in different states, your own state is usually where you file.

Can I file in Malaysia at all?

Under Section 48, the court can only grant a divorce if you and your spouse are domiciled in Malaysia when the petition is filed. Domicile means the country you treat as your permanent home.

Wives have one extra route. Under Section 49, a wife can file even if her husband is not domiciled here, if she has lived in Malaysia for the two years before filing, or if he deserted her or was deported after being domiciled here.

If you live overseas

If you are Malaysian and living abroad, but Malaysia is still your permanent home, you may still be able to file here. The petition is usually filed in the court nearest your last address in Malaysia.

Looking to engage a divorce lawyer? If you are unsure which court to use, or whether you can file from overseas, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.