Divorce In Malaysia
Non-Contested/Joint Petition
If both parties mutually consent to the divorce then a joint petition pursuant to Section 52 of the Law Reform (Marriage And Divorce) Act 1976 (“the Act”) should be filed in court for the divorce.
It is pertinent to note that a couple should be married for at least two years before they can proceed to petition for divorce in Malaysia.
Contested/ Unilateral Petition
If the divorce is contested then one has to firstly obtain a certificate pursuant to Section 55 of the Act from the reconciliation board (NRD).
Upon obtaining the said certificate from the reconciliation board, the party who is seeking a divorce could proceed to file in a unilateral petition on the grounds stated under Section 54 of the Act namely adultery has been committed by the spouse, behavior of the spouse is such that the petitioner cannot reasonably be expected to live with him/her, desertion of continuous period of at least two years or lived apart for a continuous period of two years before the presentation of the petition.