Divorce is a difficult and emotional decision. This guide explains the grounds for divorce in Malaysia (non-Muslim) in a simple and easy-to-understand manner.
Divorce Laws in Malaysia
Non-Muslims: Governed by the Law Reform (Marriage and Divorce) Act 1976 (Act 164)
This article focuses on non-Muslim divorce under Act 164, which applies to civil marriages.
What Are the Legal Grounds for Divorce in Malaysia?
1. Adultery
A spouse may file for divorce if the other party has committed adultery and the petitioner finds it intolerable to continue living together.
Examples include:
- Extra-marital affairs
- Living openly with a third party
Evidence such as messages, photographs, videos or witness testimony are required.
2. Unreasonable Behaviour
This is one of the most common grounds for divorce in Malaysia. A marriage may be considered irretrievably broken if one spouse has behaved in such a way that the other cannot reasonably be expected to live with them.
Examples include:
- Domestic violence, emotional abuse or mental abuse
- Constant verbal abuse or threats
- Gambling, drug or alcohol addiction
- Financial neglect
- Controlling or manipulative behaviour
3. Desertion
Desertion occurs when one spouse abandons the other for at least two (2) continuous years without reasonable cause and without consent.
This includes:
- Leaving the matrimonial home
- Cutting off contact and financial support
4. Living Apart for Two Years
If both parties have lived separately for at least two (2) years.
Living apart does not strictly require separate houses. Parties may still be under the same roof if they live separate lives (no marital relationship).
Can Divorce Be Settled Amicably?
Yes. Many divorces are resolved through:
- Joint petition
- Mutual agreement on custody, maintenance and division of assets
An amicable divorce is usually faster, less costly and less stressful.
Matters the Court Will Decide
In addition to granting a divorce, the court may also decide on:
- Child custody and access
- Child maintenance
- Spousal maintenance
- Division of matrimonial assets
Each case is decided based on fairness and the best interests of the children.
Why Seek Legal Advice from a Divorce Lawyer?
Divorce involves legal rights, financial implications and children’s welfare. An experienced divorce lawyer can:
- Advise on the most suitable ground for divorce
- Prepare proper court documents
- Protect your rights and interests
- Help achieve an amicable settlement where possible
To schedule a free consultation with our divorce lawyers, call or Whats App us at 014-950 8667.
Our Office Address
Veeran & Tan, Level 3, Menara Axis, 2, Jalan 51a/223, Seksyen 51a, 46100 Petaling Jaya, Selangor.
Email Us
veerantanlegal@gmail.com
Areas Our Divorce Lawyers Cover
Our divorce lawyers provide legal services across Kuala Lumpur, Selangor and the surrounding areas. We regularly handle divorce cases in:
- Kuala Lumpur
- Petaling Jaya
- Shah Alam
- Klang
- Subang Jaya
- Puchong
- Damansara
- Cheras
- Seri Kembangan
- Cyberjaya
- Putrajaya
Whether you are based in Kuala Lumpur or Petaling Jaya, our divorce lawyers are readily available to assist you with all aspects of family and divorce matters. For instance, we cover important areas such as child custody, child maintenance, spousal maintenance and additionally, the division of matrimonial properties and assets.
Divorce and Family Law Services Our Divorce Lawyers provide:
- Joint Petition Divorce (Mutual Divorce)
- Single Petition Divorce
- Child Custody Application
- Spousal and child maintenance
- Division of matrimonial assets and properties
- Annulment
- Adoption and guardianship matters
Our Articles on Divorce
- How to apply for a divorce in Malaysia?
- Do You Need a Divorce Lawyer in Malaysia?
- Registering an Overseas Divorce Order
- Why do I need a lawyer to get a divorce?
- Child Custody
- Child Maintenance in Malaysia
- Alimony in Malaysia
- Division of Matrimonial Assets in Malaysia