In brief 

How to get a divorce?

What do I need to do in order to file for divorce in Malaysia?

Q. What if the husband is neither a Malaysian resident nor a Malaysian citizen? Does the court still have authority to proceed with the divorce petition?

A. In these circumstances, the court still has the additional jurisdiction in proceedings as the wife has to prove that she has been deserted by the husband or the husband has been deported from Malaysia and she must be a resident in Malaysia for a period of 2 years.

Conciliation and Reconciliation under Section 106 of LRA 1976

Q. If you had filed a divorce petition and the court agreed with it, however, how does the court divide the matrimonial assets after a divorce?

A. The court can split assets acquired during the marriage by joint efforts of the spouses, or assets possessed prior to marriage by one spouse and significantly enhanced during the marriage by the other spouse or through their joint efforts. It’s also worth noting that the court won’t always divide the assets EQUALLY; instead, the court will usually divide the assets/money based on the facts of the case, taking into account either spouse’s contribution in money, assets, work, or debts for the benefit of both parties, as well as the needs of young children.