Can I File for Divorce in Malaysia? Eligibility Check

Who can file under this law?

The Law Reform (Marriage and Divorce) Act 1976 covers civil (non-Muslim) marriages. Your marriage must be registered under the Act, or be a monogamous marriage the Act recognises.

Under Section 48, you and your spouse must also be domiciled in Malaysia when you file. Domicile means the country you treat as your permanent home.

The two-year rule

Under Section 50, you cannot file for divorce until two years after the date of your marriage.

A judge can allow an earlier petition if your case involves exceptional circumstances or hardship to you. The judge will consider any children and whether you might still reconcile.

Joint or single petition?

• Joint petition (Section 52): you both agree to divorce. No one has to prove fault.
• Single petition (Section 53): one of you files alone. You must show the marriage has broken down, using one of the four facts in Section 54: adultery, unreasonable behaviour, desertion for two years, or living apart for two years.

Before a single petition, you usually must first go to a conciliation body, such as the marriage tribunal (Section 106).

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