4 Questions to Ask before Getting a Divorce in Malaysia

4 Questions to Ask before Getting a Divorce in Malaysia

It may be easy to say you want to divorce your husband or wife, but the actual process is often long and difficult—both emotionally and financially.

You would have to consider it carefully. Some couples can fix their relationship through healthy methods like couples therapy, but unfortunately, some relationships are irreparable.

So here are some questions you can ask before getting a divorce in Malaysia. We hope that this guide can help you in some way.

1) What does the divorce process involve?

As mentioned earlier, getting a divorce isn’t easy. It doesn’t only involve signing the papers but also submitting forms to the high court, obtaining a certificate, and attending the hearing on the set date.

While, in general, the procedure is much easier for a joint or uncontested divorce than for a single petition or contested divorce, it’s still best to consult with your divorce lawyer to know what needs to be done in each step.

2) What are my rights under the divorce law of Malaysia?

In Malaysia, the divorce law is stated in the Law Reform (Divorce & Malaysia) Act 1976. It specifies the rights and duties of both spouses following a divorce.

Particularly, these laws pertain to spousal support, child custody and maintenance, division of matrimonial properties, grounds for divorce, and more.

Don’t worry—your divorce lawyer can explain to you all these things so you have a full understanding of the situation and can go forward with it confidently.

3) How long will the divorce process in Malaysia take?

For a joint divorce, a process where both parties agree to all of the terms of the divorce, it usually takes between three to six months for you to be able to legally go your separate ways.

On the contrary, it will take about 6 to 12 months for the divorce order to be settled for a single petition. This is harder since only one of the parties wants out, while the other wants to stay in the marriage.

During this time, regardless of which petition you filed, you would be required by law to undergo a counseling process from the Marriage Tribunal or the Jabatan Pendaftaran Negara (JPN).

A single petition mostly costs around RM5,000 to RM50,000, whereas a joint petition ranges from just RM3,000 to RM6,000 simply because the latter case is considerably easier to handle.

Nevertheless, the fee will differ from one lawyer to another. So you still have to discuss with them the price and ensure that the final cost is the same as what will appear in the bill, without any extra disbursements and hidden costs.

More on Hiring a Lawyer