DIVORCE

DIVORCE

1What is a Divorce?

Termination of a legal marriage.

2Who can ask for divorce?

Either parties of the marriage can request for divorce.

3What is the divorce procedure in Malaysia?

No divorce can be made within 2 years of the marriage. However, the divorce could be granted within 2 years of marriage if the case has exceptional circumstances or hardship suffered by the either parties. .

4What are the grounds of divorce?

Irretrievable breakdown of marriage:-
• either parties have committed adultery;
• either parties behave in a way that cannot reasonably be expected to live together;
• either parties have deserted another for a continuous period of at least 2 years; or
• the parties have lived apart for a continuous period of 2 years.

5What happens to children after divorce?

The child’s custody will be determined by the court based on the best welfare of the child because they are given the utmost priority by the court.

6What happens to the property bought during marriage?

The presumption is that the property will be divided equally among the parties. If it is not a joint property, the judge will decide based on the contribution made by the parties.