Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 18

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?

🔸Yes.

Under Section 58(3) of the Law Reform (Marriage and Divorce) Act 1976, you may, in the appropriate circumstances, bring a claim against your spouse’s adulterous partner and seek damages.

Question 46

🔹If I take legal action against my husband’s adulterous partner, what can I obtain?

🔸The relief you receive will depend on the remedies you seek from the court and the court’s final decision.

In most cases, applicants seek monetary damages, while the amount of compensation will ultimately be determined by the court based on the facts of the case.