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Question 44
If my husband has committed adultery, do I still need to live separately from him for two years before filing a unilateral divorce petition? Or can I file immediately?
You do not need to be separated for two years.

As long as you have evidence of your spouse’s adultery, you may file a unilateral divorce petition.

However, you must prove to the court that:
Your spouse’s adultery has made it intolerable for you to continue living together.
The adultery has caused the marriage to break down.

Question 45
Can I take legal action against the person with whom my husband committed adultery?

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.

Question 40
What happens during the conciliation process? How will the Conciliatory Body help my spouse and me reconcile?
Both parties are required to attend the conciliation sessions and will each be given an opportunity to express their views.

If the conciliation is unsuccessful, the Conciliatory Body will issue a conciliation certificate together with any recommendations it considers appropriate, which may include:
Maintenance arrangements
Division of matrimonial assets
Child custody arrangements
Child access and visitation arrangements

Q37–Q39

Question 37:
If my spouse and I do not wish to attend the Conciliatory Body, can I still file a Single Petition for Divorce? How can my lawyer assist me?
Yes. You may explain to your lawyer why attending the Conciliatory Body is not appropriate in your circumstances, and your lawyer may apply to the Court for an exemption from the conciliation process on your behalf.

Question 38:
On what grounds can I apply to the Court for an exemption from attending the Conciliatory Body?
Under Section 106 of the Law Reform (Marriage and Divorce) Act 1976, the Court may grant an exemption in circumstances including:

Your spouse has deserted you or his or her whereabouts are unknown;
Your spouse is residing overseas and is unlikely to return to Malaysia within six months after the divorce petition is filed;

Q33–Q36

Question 33:
If I want to get a divorce but my spouse refuses, what should I do?
You may file a Single Petition for Divorce.

Question 34:
Is there anything I must do before filing a Single Petition for Divorce?
Generally, before filing a Single Petition for Divorce, both parties must first attend a Conciliatory Body to attempt reconciliation.

Question 35:
What is a Conciliatory Body, and where can I find one?
Under Section 106(3) of the Law Reform (Marriage and Divorce) Act 1976, a Conciliatory Body includes

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.

Q28–Q29

Question 28:
In what language are the joint petition divorce documents prepared? What if I cannot understand Bahasa Malaysia?
The joint petition divorce documents are prepared in Bahasa Malaysia. If you do not understand Bahasa Malaysia, there is no need to worry. Before you sign the Affidavit, your lawyer will arrange for a licensed interpreter to translate the contents of the documents for you.

Question 29:
What do I need to say during the Court hearing? Will the Judge ask complicated questions? What if I do not know how to answer?
For a joint petition divorce, the Judge will generally not ask complicated questions because both parties have already agreed to the divorce. The Judge will usually only confirm that you understand the Court documents you have signed and that both parties freely consent to the divorce.

Q25–Q27

Question 25:
If my child is already 18 years old, can I still claim child maintenance from the other party?
Generally, child maintenance is payable until the child reaches the age of 18. However, if the child is 18 years old or above and is still pursuing his or her education, you may continue to claim child maintenance until the child completes his or her university education.

Question 26:
If we have been married for less than two years but both of us agree to divorce, can we proceed with a joint petition divorce?
No. One of the requirements for a joint petition divorce is that the parties must have been married for at least two years.

Q20–Q22

Question 20:
If I remarry after my divorce, can I continue receiving spousal maintenance?
No. This is provided under Section 82 of the Law Reform (Marriage and Divorce) Act 1976.

Question 21:
If I live with someone else after my divorce, can I still continue receiving maintenance?
Under normal circumstances, yes.

Q17–Q19

Question 17:
My spouse and I have agreed on maintenance. If we later wish to change the maintenance arrangement after the divorce, is that possible?
Yes, but it cannot be changed privately. Any variation of the maintenance order must be applied for through a lawyer, and the change will only take effect after the Court approves the application.

Question 18:
My spouse and I have agreed on the division of matrimonial assets. Can we change the asset distribution after the divorce?
No. Once the Court has granted the final divorce order, the division of matrimonial assets generally cannot be changed.

Question 19:
If my former spouse purchases a new property after our divorce, can I claim a share of it?
No. Properties acquired after the divorce are generally not subject to division between the former spouses.