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Divorce Services for Non Muslims in Malaysia

Protecting Your Child's Best Interests with Expert Legal Guidance

At Chambers of S. Sakthi, we understand that ending a marriage is never easy. Whether it’s a mutual decision or a contested legal battle, our team is here to provide fast, reliable, and cost-effective legal solutions for non-Muslim couples in Malaysia.

We serve clients across Kuala Lumpur, Selangor, and nationwide, with a strong focus on transparency, empathy, and affordability — making us a trusted choice for clients searching for the best divorce lawyer in Malaysia.

Legal Framework for Divorce in Malaysia
(Non Muslims)

All non-Muslim divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). To initiate a divorce, couples must:

  • Have been married for at least two years (except under exceptional hardship)

  • Prove that the marriage has irretrievably broken down

Types of Divorces in Malaysia
(Non Muslims)

There are two (2) types of divorce proceedings available for Non Muslims in Malaysia. 

🔹 Joint Petition for Divorce (Mutual Consent)

This is the fastest and most affordable way to end a marriage. Both parties agree to the divorce and all related matters.

Requirements:

  • Both spouses consent to the divorce

  • Agreement on child custody (if any), maintenance, and division of assets

Key Benefits:

  • No trial required

  • Typically completed in 3–6 months

  • Fixed and cost-effective legal fees

  • Remote drafting and review available

🔹 Single Petition for Divorce (Contested)

Filed when one spouse does not agree to the divorce or terms.

Grounds under Section 54 of LRA 1976:

  • Adultery

  • Unreasonable behaviour

  • Desertion (2 years or more)

  • Separation for more than 2 years

  • Irretrievable breakdown of marriage

What to Expect:

  • Court hearing and possible trial

  • Resolution of disputes regarding children and property

  • Longer timeline than joint petition

  • Legal representation is essential

Special Divorce Situations Under Malaysian Law

🔹 When Can You Bypass the Reconciliation Requirement?

Under Section 106 of the LRA 1976, any party intending to file a single divorce petition is required to first refer their matrimonial dispute to a Reconciliation Body (e.g., JPN or a Marriage Tribunal). However, the law allows for exemptions in certain situations.

You may apply to bypass this requirement under the following circumstances:

  • The other party is living abroad or cannot be located

  • The other party is in prison for 5 years or more

  • There has been violence, abuse, or threats, making reconciliation unsafe or unreasonable

  • Mental illness or incapacity of the other spouse

  • Previous referral attempts have failed

In these situations, our team at Chambers of S. Sakthi will help you apply for an exemption order under Section 106 of LRA 1976, allowing you to proceed directly with the single petition.

This ensures that your application is not delayed due to formal procedures when reconciliation is unrealistic, unsafe, or impossible.

🔹 Divorce Due to Conversion to Islam

Conversion to Islam does not automatically dissolve a non-Muslim civil marriage.

Under Section 51 of the LRA 1976, if one spouse converts to Islam, the non-converting spouse has the right to file for divorce.

Key points:

  • The petition can be filed after 3 months from the date of conversion.

  • The non-converting spouse can initiate the divorce under LRA.

  • The court may address matters like custody, maintenance, and property division during the same proceedings.

At Chambers of S. Sakthi, we assist non-Muslim spouses who are left uncertain after their partner’s conversion, ensuring they receive fair representation and support during this transition.

👉 Searching for a divorce lawyer in Malaysia after your spouse converted to Islam? We can help

🔹 Can You File for Divorce if Married for Less Than Two Years?

The general rule under Section 50 of the LRA 1976 states that a married couple must wait two years before filing for divorce.

However, the High Court may grant leave (permission) for an earlier divorce if the petitioner can prove:

  • Exceptional hardship suffered by the applicant

  • Exceptional depravity by the respondent

Examples include:

  • Domestic violence or abuse

  • Serious mental or emotional harm

  • Extreme financial abandonment

Our firm will assist you in filing an application for leave to present a divorce petition before two years of marriage, accompanied by all supporting evidence and affidavits to support your claim.

📌 If you are suffering and cannot wait two years, speak to a qualified divorce lawyer in KL or Selangor for immediate guidance.

Other Factors to Consider in a divorce

Child Custody

Child custody is one of the most critical aspects of divorce proceedings. The court considers the best interests of the child, including factors like the child's welfare, education and emotional well-being.

S. 88 of the LRA 1976 emphasizes
Key terms in custody:
- Sole Custody : Awarded to one parent, granting full decision-making authority.

- Joint Custody : Both parents share decision-making responsibilities

- Visitation Rights : The non-custodial parent is usually granted visitation rights.
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Maintenance of Children

Parents have a legal obligation to financially support their children until they reach the age of majority (18 years old) or until they complete their tertiary education.

Some of the determining factors are income & financial capacity of both parents, child's standard lifestyle prior to parents' divorce, any special needs of the child, etc.
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Alimony for the Wife

Alimony or more common known as spousal maintenance is financial support provided by one spouse to another, typically the wife, during the divorce proceedings or after a divorce.

Alimony is usually awarded when the wife is financially unstable to support herself to maintain the lifestyle she enjoyed during the marriage which was primarily contributed by the husband.

Under S.77 of LRA 1976, the court has discretion to determine the amount and duration of the spousal maintenance. However so, spousal maintenance will usually come to an end when the wife remarries or is in a serious relationship with a third party.
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How the Divorce Process Works
(Our Standard Workflow)

We’ll assess your case, explain your rights, and propose the best legal approach.

You’ll receive a transparent cost breakdown — whether it’s a joint or single divorce.

We’ll prepare the petition accurately and efficiently for your review.

Documents are signed and filed in court. We handle all formalities for you.

In joint divorces, hearings are typically brief. In single petitions, we represent you throughout the trial process.

Once approved, the court issues the Decree Nisi. After 3 months, you can apply for the Decree Absolute, completing the divorce.

Disclaimer: This information is for general guidance and does not constitute legal advice. For personalized legal assistance, please consult with our qualified legal professionals.​

common questions

A joint petition is the fastest and most affordable option for non-Muslim couples. It can be completed in as little as 3–6 months if both parties agree on all matters.

Yes. You can file a single petition based on fault or separation grounds. However, it takes longer and may require court proceedings.

Yes. If you are domiciled or ordinarily residing in Malaysia, you may file for divorce here under LRA 1976. 

Yes, at least once for Hearing for both joint divorce petition and single divorce petition. 

Legal fees vary based on the complexity of the case and lawyer’s expertise. Other than that, there are disbursement such as filing fee, postages etc. Contact us for a personalised quote. 

Yes, custody arrangements can be varied if there’s a significant change in circumstances. 

While not mandatory, engaging a lawyer ensures your rights are protected and the process is handled efficiently. 

Contact a Trusted Divorce Lawyer in Malaysia Today.

If you’re searching for a divorce lawyer in KL, Selangor, or anywhere in Malaysia, let us help you through this process — quickly, affordably, and with dignity.

Chambers of S Sakthi — Your Trusted Partner in Family Law.
Professional. Efficient. Transparent.​

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  • 1203, Amcorp Tower, 46050 Petaling Jaya, Selangor
  • 03-7932 4488
  • 011 3312 2363

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