Divorce Procedures

In Malaysia, divorce procedures are different for Muslims and non-Muslims. For non-Muslims, there are in general, two types of divorce – mutual consent and unilateral. The procedure for a mutual consent/joint petition divorce is clearer due to both spouses agreeing to the terms of divorce beforehand.

Divorce: Mutual Consent

You can file for divorce without consent from the other (unilateral divorce/single petition) based on four major grounds. You’ll still have to consult a lawyer and if your spouse refuses to sign the divorce petition, you can go ahead and file a single petition. Meanwhile you may also submit yourself to a reconciliation process through a conciliatory body or marriage tribunal in the Jabatan Pendaftaran Negara (JPN). The purpose of the conciliatory body/marriage tribunal is to help reconcile you and your spouse. If reconciliation doesn’t work, you can attach the tribunal’s certificate and file your divorce petition in the High Court.

Grounds For Divorce