General FAQ on Divorce

Q: Is it true that a married couple cannot apply for divorce within two years of their marriage?

A: Yes, no petition of divorce can be filed by either party if their marriage is less than two years unless there are exceptional circumstances or hardship suffered by the petitioner.

Q: what are the examples of “exceptional circumstances or hardship”?

A: The Court will decide on a case-by-case basis. In one reported case, threatening and slandering a spouse in online blog postings was accepted by the Court as “exceptional circumstances”.

Q: If my spouse converted to Islam after the marriage, can I petition for divorce?

A: Yes you can, but it must be filed after 3 months from the date of such conversion. Such petition can also be filed within two years of the marriage.

Q: What happens if both me and my spouse want to divorce each other?

A: You may sort out all necessary arrangements regarding maintenance, care and custody of children, division of matrimonial property and others with your spouse. Once both parties have reached an agreement, you may engage a lawyer and file a Joint Petition for divorce.

Q: Can a Joint Petition be filed within two years of marriage?

A: No, it must be filed after two years of marriage.

Q: What if only I want to divorce, and my spouse refuse to agree?

A: You may file a petition for divorce on your own. This is commonly known as Single Petition. It may be filed on the ground that the marriage has irretrievably broken down.

Q: What are the circumstances that amount to proof of breakdown of marriage?

A: There are 4 broad categories recognized as proof of breakdown of marriage:

• The respondent has committed adultery and it is intolerable for the petitioner to live with the respondent;
• the respondent has behaved in such a away that the petitioner cannot be reasonably be expected to live with the respondent;
• The respondent has deserted the petitioner for 2 years continuously before the filing of the petition;
• Parties have lived apart for at least 2 years continuously before the filing of the petition.

Q: How long it takes to dissolve the marriage?

A: Subject to the Court’s schedule, it may take 3 to 6 months to dispose a Joint Petition and around 1 year to dispose a Single Petition. At the conclusion of the hearing, the Court would grant a decree nisi and it takes another 3 months for the decree nisi to be absolute.

Q: Can I go to the JPN counter and ask them to dissolve my marriage?

A: No, only the Court has the power to issue a decree pertaining to dissolution of marriage.

Q: Can I obtain legal aid to file petition of divorce?

A: Legal aid is only eligible to those with minimum income who has passed certain means test. For example, the Legal Aid Centre Selangor only offers legal aid to those with monthly income of RM500 or below after deducting all monthly expenses.

Q: Must I engage a lawyer in filing a petition of divorce?

A: Since dissolution of marriage is a matter within the Court’s jurisdiction, legal representation by qualified lawyer is highly advisable to strategize your case in the best of your interests.

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Disclaimer

Articles published in this website are for general informational purpose only and shall not constitute any form of legal advice to any specific case. Kindly contact us if you are currently experiencing a legal dilemma related to this topic and need further legal consultation.