Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 19

Question 47

🔹Must I have evidence of my husband’s adultery before I can bring a legal claim?

🔸In most cases, the other party is unlikely to admit to committing adultery. Therefore, it is advisable to obtain evidence of the adultery.

However, it is important to note that, when proving adultery in court, you must satisfy the court that there is no other reasonable explanation apart from adultery (Beyond Reasonable Doubt).

Question 48

🔹If my husband committed adultery only after we had separated, can I still take legal action against his adulterous partner?

🔸Yes.

However, if the adultery occurred only after your marriage had already broken down, you cannot rely on that adultery as the ground for filing a unilateral divorce petition.

Question 49

🔹If I do not have direct evidence of my husband’s adultery, but I know that he has a child with another woman, can I still rely on adultery as the ground for filing a unilateral divorce petition?

🔸Yes.

However, you should at least obtain a copy of the child’s birth certificate, and your husband’s name must be stated as the father on that birth certificate.