Some Common Misconceptions About Divorcing in Malaysia

Some Common Misconceptions About Divorcing in Malaysia

There are some couples that get married and have fruitful and meaningful lives until the day that they die. They would cherish each other to the point that they will deem each other as ‘soulmates’. However, there are also some that would fall out of love after a couple of months or years. Probable reasons include not being able to see what their partner truly is during the dating stage or if it has come to a point that they’re just not in love with their partners anymore.

Whatever the case may be, divorce is something that some couples would resort to just to have peace of mind. Due to this fact, if you are contemplating on filing for a divorce, you will need to set aside a lot of money to hire a divorce attorney and pay for fees and services that are required during and after the proceedings. Today, I am going to talk about some common misconceptions people believe about divorcing in Malaysia.

Misconceptions

The Malaysian Law states that couples can only file for divorce after two years of being married and that other grounds would be if you are already living separately with your partner. Well, that is actually one of the most common misconceptions. Although it is somewhat required for couples to at least be married for two years before filing for divorce, the truth is that they do not need to be living separately to do so.

Even before, during, and after divorce, I’ve had clients that still stay together under one roof, mainly because they want to be with their children and for them only. Another common misconception that people seem to believe about divorcing in Malaysia is the notion that you can actually be ‘automatically divorced’ if you and your spouse had been living separately for more than two years. Again, this is just not true.
You cannot just be automatically divorced with your partner if you haven’t been living in one house for the past two years or so; you still have to apply for it.

Let me circle back to the first thing that I said. The Malaysian Law did state that in order for them to qualify to file for divorce, each of the spouses should be married for at least two years. The premise as to why this is the case is that the government wants to exhaust efforts to ensure that the marriage doesn’t get dissolved. You could say that they do not want couples to get divorced as much as possible.

However, even though that is the case, there are still some exceptions to the rule. First, if the partner has committed adultery, then you can file for divorce. Other grounds may include being separated for more than two years and not being able to fulfill their duties as spouses to their partners for more than two years.

The proceedings will be so much smoother if both parties agreed to be divorced. However, in the event that only one party wants to file for the dissolution of their marriage, then that would take a lot of time and money.