100Divorce

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.

Q15–Q16

Question 15:
My spouse and I are filing for a joint petition divorce, but I do not want my child to know about it. Is that possible?
Yes. In a joint petition divorce, children are generally not required to attend court, nor do they need to be informed that their parents are going through a divorce.

Question 16:
Can my spouse and I continue living together after our divorce?
Yes. The parties may continue living together, for example, to jointly or alternately care for their child, or to maintain a sense of family stability for the child.

Q23–Q24

Question 23:
I wish to proceed with a joint petition divorce, but my spouse refuses to discuss the divorce terms. What should I do?
In such circumstances, it is generally advisable to first try to reach an agreement with your spouse regarding the divorce terms before consulting a lawyer. If your spouse is unwilling to cooperate, a joint petition divorce may not be the appropriate option.

Question 24:
Do I need to update my marital status at JPN after my divorce?
No. For a joint petition divorce, the Court will automatically update the relevant records with JPN.

Question 13:

After the divorce application has been filed, what if either my spouse or I needs to travel overseas or be out of town on the hearing date fixed by the Court? Can the divorce still proceed?
Yes. The party who is unable to attend may instruct the lawyer to prepare an application seeking an exemption from attending the hearing. The relevant documents must be signed before a Commissioner for Oaths and filed with the Court by the lawyer. Alternatively, it is common for the lawyer to write to the Court explaining that the scheduled hearing date is unsuitable because both parties are overseas, and to request either a postponement of the hearing or for the hearing to be conducted via Zoom.

Question 9:

How long does it take for a divorce order to take effect?
Under normal circumstances, it generally takes about 3 months to take effect. However, an application may also be made to the Court for the divorce order to take effect immediately.

Question 10:

Do both parties need to meet the lawyer for the divorce application?
Yes. Both parties are required to provide the necessary information to the lawyer so that the divorce documents can be prepared. The parties will then sign the documents before a Commissioner for Oaths.

Question 12:

If either my spouse or I am unable to attend court, can we still proceed with the divorce application?
Yes. The party who is unable to attend may instruct the lawyer to prepare the necessary documents to apply to the Court for an exemption from attending the hearing. The documents must be signed before a Commissioner for Oaths and then filed with the Court by the lawyer.

Question 14:

If either my spouse or I is a foreigner and does not understand Bahasa Malaysia, can we still apply for a divorce?
Yes. You should inform your lawyer in advance that one party does not understand Bahasa Malaysia. The relevant documents, together with a licensed interpreter, must be brought before a Commissioner for Oaths. The interpreter will translate the contents of the documents for the party before the documents are signed.