Being in love and getting married to the person that you think will be the one that you consider your “forever” is a good thing, especially in the beginning stages of your communion.

However, there are just some partners that do not last long, simply because they have found out about each other’s differences and that they ultimately do not want to be together anymore.

If this happens, then filing a divorce is possible, but there are certain things that you need to know about it first before you can go ahead and do so. Getting good divorce lawyers can also help you win the case in far less time as well.

The Different Types

In Malaysia, there are actually two different types of divorce for non-Muslims. These are the divorce by mutual consent or the divorce without one.

Also known as a joint petition, the divorce by mutual consent is where both parties agree to the divorce. Before you can file for a petition, the basic requirement would be that both of the couples should be married for at least 2 years. If this is something that you want to go for, both parties will be given the choice to decide about the maintenance, the custody of the children, the division of matrimonial assets, among many others.

Keep in mind that this rule can be overlooked, especially if either spouse gets beaten or if one or the other makes it so unbelievably hard to live together in one house.

In the event that only one partner decides to divorce, then this is where it is done without mutual consent. For you to file a petition, you must satisfy any of these grounds:

  • If your partner has been found out to have committed adultery
  • If the partner acts in a way that makes it hard for you to live with them
  • If either partner has deserted the other for a continuous period of 2 years
  • If the partner has lived with another person has lived apart for a continuous period of 2 years

Child Custody

If the divorce was a joint petition, then either party will be able to mutually agree and propose an arrangement regarding the custody of their children.

In a single petition, both parties can apply for custodianship. The court will look at a number of factors such as the Child’s welfare, the decision of the parents of both parties, among other things. The parent who is most likely going to provide a much better life to their children will be the one who will be awarded custodianship over their children.

Matrimonial Properties

Again, if it was a joint petition, the court will allow both parties to agree on the terms of the transfer of property or the division of assets.

In a single petition, both parties should apply for the ownership of matrimonial properties. In the event that the property was acquired by one partner before the marriage, then they will be awarded such property. 

It is also important to note that whosoever placed much greater effort in the acquisition of the property will also be awarded the ownership of such as well.