Malaysia Family Law / Divorce Law | Does the Other Party’s Imprisonment Affect Divorce❓

In legal proceedings, certain situations may allow exemption from mediation or special procedural treatment, one of which is the other party being in prison. However, not all imprisonment cases qualify, as the law sets clear conditions.

Imprisonment as a “Special Circumstance” Condition

📌 The law generally stipulates: imprisonment of five years or more may be considered a valid reason
📌 Short-term imprisonment (e.g. theft or minor offences resulting in less than five years in prison) is generally not sufficient
📌 The determining factor is the legal provision, not personal perception or circumstances

When the Other Party Cannot Be Found May Also Constitute a “Special Circumstance”

If the other party cannot be contacted, the applicant may also apply for exemption, but must prove that all reasonable efforts have been made to locate them, including:
📌 Visiting the last known registered address and attempting contact
📌 Using phone numbers or electronic contact methods
📌 Asking family members or relatives about their whereabouts
📌 Publishing a missing-person notice in newspapers
📌 Posting messages on social media to seek contact

⚠️ The core principle is: all reasonable efforts must have been made, yet the person still cannot be found. Only then may the court recognise it as a “special circumstance” allowing the application to proceed.

Summary

📌 Prison sentence must meet legal requirements (five years or more)
📌 Failure to locate the other party may also be a valid reason, but must be supported by sufficient evidence of diligent search efforts
📌 Court decisions are based on facts and evidence, not subjective belief