Phua Jin Key
Partner
Divorce is difficult enough without legal uncertainty. Here is a clear overview of the process, and how custody and maintenance are decided.
Relationship breakdown is one of the hardest experiences in life, and the law that governs it can feel daunting. For non-Muslim marriages, divorce in Malaysia is governed by the Law Reform (Marriage and Divorce) Act 1976. Clear, realistic advice early on makes a real difference.
Joint vs single petitions
Where both spouses agree, a joint petition is usually faster and less adversarial. Where they do not, a single petition generally requires that the marriage has irretrievably broken down, often following a reference to a marriage tribunal.
Custody of children
The court's paramount consideration is the welfare of the child — not the preference of either parent. Arrangements cover legal custody, care and control, and access, and can be agreed or ordered.
Maintenance and division of assets
- Maintenance for children, and where appropriate for a spouse.
- Division of matrimonial assets acquired during the marriage.
- Recognition of non-financial contributions to the family.
A well-negotiated settlement almost always serves a family better than a hard-fought trial.
We assist clients through divorce planning, proceedings, custody, maintenance and settlement — including mediation, and matters involving foreign elements. Our aim is practical resolution with dignity.
This article is general information, not legal advice. For guidance on your specific situation, please speak to our team.
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