Malaysia Family Law / Divorce Law |
Does Divorce Require Court Approval❓
Key Factors You Must Know❗

What Are “Special Circumstances” for Exemption?

When applying to the court for exemption from mediation, valid and sufficient reasons must be provided—especially when the law ordinarily requires mediation first.

“Special circumstances” is a broad legal concept, assessed based on the facts of each case.

The law provides some clearer examples:

📌 The other party is serving a prison sentence exceeding five years
📌 The other party suffers from serious mental illness and cannot participate in legal proceedings
📌 The other party is missing and cannot be located
📌 The other party has been abroad for a prolonged period and is unlikely to return in the foreseeable future

These situations are generally accepted as valid grounds, as mediation becomes impractical or impossible.

However, many cases do not fall neatly into these categories. In such situations, the applicant must explain why their case constitutes “special circumstances.”

This may include:

📌 Irretrievable breakdown of the relationship
📌 Safety concerns
📌 Complete breakdown of communication
📌 Other factors rendering mediation meaningless or impractical

The key is to clearly explain to the court why requiring mediation in the specific case is unrealistic or would impose an unfair burden.

The court will assess whether sufficient justification exists based on the facts.

Conclusion

“Special circumstances” is not a fixed checklist, but a flexible legal concept applied based on real-life conditions.

The outcome of each case depends on whether the applicant can clearly and reasonably present the facts, and demonstrate that mediation is genuinely not feasible under the circumstances.