Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 17
Question 41
🔹Can I file a unilateral divorce petition after obtaining the Conciliation Certificate?
🔸Yes. Once the Conciliation Certificate has been issued, you may proceed with filing a unilateral divorce petition in court.
Question 42
🔹If my spouse refuses to attend the Conciliatory Body, will I still receive the Conciliation Certificate? Will this affect my unilateral divorce application?
🔸Yes. Even if either party fails to attend the conciliation proceedings, the Conciliatory Body may still issue the Conciliation Certificate, stating that the conciliation has failed.
This will not prevent you from proceeding with a unilateral divorce petition.
Question 43
🔹Must I be separated from my spouse for at least two years before filing a unilateral divorce petition?
🔸No.
You only need to prove to the court that the marriage has broken down irretrievably.
Under Section 54(1) of the Law Reform (Marriage and Divorce) Act 1976, the court will consider the following factors in determining whether a marriage has irretrievably broken down:
📌Your spouse has committed adultery, and you find it intolerable to continue living together.
📌Your spouse has behaved in such a way that you cannot reasonably be expected to continue living with him or her.
📌Your spouse has deserted you for a continuous period of at least two years immediately before the filing of the divorce petition.
📌Both parties have lived apart for a continuous period of at least two years immediately before the filing of the divorce petition.





