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Facts You Need to Know About Divorce Proceedings in Malaysia

This article will revolve around the facts that you need to know about the divorce proceedings in Malaysia.

What is Required?

Well, if you are thinking about filing for divorce, you will need to get the services of a marriage lawyer that specializes in this field. Then, assuming that both you and your partner agree to the dissolution of your marriage, the lawyer will then file a joint petition.

For the joint petition to be seen as valid, it must be created with the following things in mind:

  • It should contain all of the necessary and important details of marriage and their children (if any)
  • If there are any previous court cases regarding or relating to the marriage, then that should be included as well
  • It should be stipulated in the petition that both parties have agreed upon the terms relating to the custody and maintenance of their children, as well as the division of assets.

In the event that either party disagrees with the terms and conditions that are set in the joint petition, then the party that disagreed can find another attorney to file a single petition.

 

If you are going to the second route, both parties would have to appear before a marriage tribunal at the National Registration Department of Malaysia before you are given a chance to file for a single petition.

Should you file for such, it must state the following:

  • Details of their marriage, as well as important information about their children (assuming that they have any)
  • Previous court cases that relate to their marriage
  • Proof that their marriage is beyond repair
  • Claim for custody and maintenance of their children (if any) and the division of joint assets.

Also, it is important to note that you cannot file for divorce if you haven’t lived in Malaysia for at least 2 years (and considering having a permanent residence in the said country). Aside from that, their marriage must be registered- either under the Malaysian Law or foreign law.

What Are the Grounds for Divorce?

You will be asked to satisfy the grounds for divorce if you or your partner files for a single petition. That being said, aside from being married for at least 2 years, you need to prove to the marriage tribunal that your relationship with your partner is ‘beyond repair’.

Aside from that, it has to satisfy at least one of the following:

  • Your spouse has made it unbearable for the both of you to stay under one roof
  • Your spouse has committed adultery
  • You and your spouse have been living separately for more than 2 years
  • Your spouse has left you for more than 2 years (and has possibly gone to another person).

Do I Get ‘Automatically Divorced’ if Me and My Partner Have Been Separated for More Than 2 Years?

Although that is definitely one of the grounds for divorce, being separated from your partner for more than the specified number of years does not amount to an ‘automatic divorce’. In other words, you will still have to apply for that.

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