Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 22

Question 54

🔹How can I prove to the court that my husband has deserted me for at least two continuous years before filing the divorce petition?

🔸You may rely on your chat history or any other communication records to demonstrate to the court that both of you have had no contact for a continuous period of at least two years.

In law, “desertion” refers to one spouse intentionally leaving the matrimonial relationship without the consent of the other spouse.

Question 55

🔹If I am unable to divorce my husband for certain reasons, what other options do I have?

🔸If divorce is not presently possible, you may consider applying for a Judicial Separation Order.

A Judicial Separation Order allows both parties to remain legally married while relieving them of the obligation to live together, leaving open the possibility of divorce in the future.

Question 56

🔹What are the requirements for applying for a Judicial Separation Order? Can I apply if I have been married for less than two years?

🔸You do not need to wait until you have been married for two years before applying for a Judicial Separation Order. However, you must satisfy the following requirements:

📌The marriage was registered in Malaysia.

📌The marriage is monogamous.

📌Both parties are residing in Malaysia at the time the application is made.

In addition, you must establish one of the grounds under Section 54(1) of the Law Reform (Marriage and Divorce) Act 1976, showing that the marriage has irretrievably broken down, including:

📌Your spouse has committed adultery, and you can no longer reasonably continue living with him or her.

📌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 application.

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