Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 21

Question 51

🔹What happens if I successfully sue my husband’s adulterous partner? What if my claim fails?

🔸If your claim is successful, the court may order the other party to pay you damages.

If your claim is unsuccessful, you may be ordered to pay the other party’s legal costs.

Question 52

🔹Apart from adultery, what other grounds can I rely on to prove that the marriage has broken down and file a unilateral divorce petition?

🔸Under Section 54(1) of the Law Reform (Marriage and Divorce) Act 1976, other grounds include:

📌Your spouse has behaved in such a way that you cannot reasonably be expected to continue living with him or her.

📌Your spouse has deserted you for a continuous period of at least two years immediately before the filing of the divorce petition.

📌Both parties have lived apart for a continuous period of at least two years immediately before the filing of the divorce petition.

Question 53

🔹What types of behaviour may be regarded as conduct that makes it unreasonable to expect me to continue living with my spouse?

🔸The court will consider the cumulative effect of a series of behaviours. Such conduct may consist of either positive acts or omissions.

Examples of unreasonable behaviour include:

📌Persistently ignoring, neglecting or showing indifference towards a spouse.

📌Continuous jealousy, excessive possessiveness and controlling behaviour towards a spouse.

📌Committing domestic violence against a spouse.