Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 13

Q30–Q32

Question 30:

🔹Can I file for divorce if I have been married for less than two years?

🔸Generally, no. However, you may apply if you are able to prove that there are special circumstances or that you have suffered exceptional hardship during the marriage. The final decision rests with the Court.

Question 31:

🔹Can I still attend conciliation if I have been married for less than two years?

🔸Yes. However, if the conciliation is unsuccessful, no conciliation certificate will be issued.

Question 32:

🔹What grounds can I rely on to apply for divorce if I have been married for less than two years?

🔸You must satisfy the Court that there are special circumstances or that you have suffered exceptional hardship during the marriage. Adultery, by itself, does not constitute special circumstances. Exceptional hardship must be continuous in nature rather than based on past events. Continuous humiliation or defamation by your spouse may also amount to exceptional hardship.

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