Malaysia Family Law / Divorce Law | If One Party Is Living Overseas and Not Returning to Malaysia,
Can This Be a Ground for Divorce❓

Can a Partner Living Overseas for a Long Period Constitute a “Special Circumstance”?

There are indeed such situations:

📌 The other party has been living abroad for many years
📌 It is confirmed that the person is in a certain country
📌 It is even known that the person holds residency rights in that country
📌 However, the exact residential address is unknown
📌 Phone calls cannot be connected
📌 All communication channels have become invalid
📌 Even family members do not know the exact whereabouts

In such circumstances, if one party intends to file for divorce, an application may indeed be made to the court for exemption from mediation.

Why is this possible?

Because mediation presupposes that both parties are able to attend, communicate, and participate. If the other party has long been outside Malaysia and no effective means of contact exist, then:

📌 Who will attend the mediation?
📌 How can a meeting between both parties be arranged?
📌 How can the procedure be properly conducted?

When mediation is objectively impossible, the court may consider granting an exemption.

However, the key remains evidence

It must be proven that:

📌 The other party has indeed left the country (e.g. immigration records)
📌 The other party has not returned for a long period
📌 Attempts have been made to contact via phone, family, or other means
📌 Contact still cannot be established

Simply stating “the person is abroad” is insufficient. It must be shown that reasonable efforts have been made.

No fixed formula

Each case depends on its own facts.

The law is not a simple “1 + 1 = 2” equation.
There is no standard answer or fixed formula.

The judge will consider comprehensively:

📌 Whether the person has indeed been living abroad for a long time
📌 Whether the person truly cannot be contacted
📌 Whether reasonable efforts have been made
📌 Whether mediation is practically impossible

Only when these conditions are reasonably established may an exemption application be approved.