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What is a valid reason to file a divorce?

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asked on Aug 5, 2020 at 10:47
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edited on May 9, 2021 at 17:52
 
I am trying to get a divorce and my husband does not agree. He did not hit me but he has very short temper, I feel pressure for being together with him as I do not know when I will say something that he doesn't like and he will start to show his temper... he will bang on the door, act furiously on the furnitures... It's like a mentally abuse to me. Can this be a valid reason for me to file a divorce with him?
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7 Answers

answered on Aug 5, 2020 at 12:28
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edited May 9, 2021 at 17:55
 
@Icebaby

It's like a mentally abuse to me.
Can this be a valid reason for me to file a divorce with him?


1. If the marriage is over 2 years, there is no need to find excuses.

2. Any party can file a Single Petition for divorce if the other party refuses.

3. In the event of a Single Petition filed, the other party can contest the petition.

4. The Family Court will refer to the Jabatan Pendaftaran Negara (JPN) Marriage Tribunal Bureau for mediation and reconciliation.

5. If it fails, the Tribunal Officers will issue a certificate stating "One party refuses to reconcile".

6. The Officers may inform the aggrieved party with this statement. "If your spouse refused to be with you ever again, there is nothing you can do but carry on with the Divorce Proceedings".

Judicial Separation
This option is available in Malaysia. Ask Dr Google and you can get many details. China is starting on this option early next year.

Good Luck.
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answered on Aug 5, 2020 at 17:34
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1. If the marriage is over 2 years, there is no need to find excuses.

If your husband refuses to divorce, you need to have a good and valid reason before the judge will allow the divorce.  It does not matter how many years the marriage.  This is Malaysian law.

Example reasons:
a.  Infidelity  ( with proof )
b.  Mental illness
c.  Physical or mental abuse
d.  Husband is jailed
e.  Husband has Erectile Dysfunction
f.   Husband is a drug addict
g.  Husband not working
h.  Husband disappeared
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answered on Aug 5, 2020 at 20:35
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edited May 9, 2021 at 17:59
 
@Icebaby



Here is another "Malaysian Law" that you may refer to:

Source:  Malaysian Government Website Portal
https://www.malaysia.gov.my/portal/content/27695



Hope this helps.. This also means that even if both parties agree to have a Mutual Petition for divorce, it must satisfy the condition of 2 years have passed. For example, a couple married 2 years ago (Malaysian and Chinese National) in China, and the Malaysian Marriage is only done 1 year ago, Malaysian divorce law prevails.

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view and is in no way associated with others in this forum nor be regarded as legal advice)
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answered on Aug 5, 2020 at 22:50
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Without a valid reason, your single petition will not succeed.
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answered on Aug 6, 2020 at 22:50
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edited May 9, 2021 at 18:02
 


@Icebaby

For further information, download a copy of:
[Act 164] LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976
It is easily available in the Internet.

Pay attention to the various sections:

Section 50
Restriction on petitions within two years of marriage

Section 53
Breakdown of marriage to be sole ground for divorce

Section 54
Proof of breakdown

Personal views and interpretation of the above divorce laws in place..
1. There is no need to make unreasonable excuses for the Single Petition for Divorce.

2. The Family Court Divorce Judge would allow the dissolution of the marriage based on "balance of probability"  on the probable excuses/reasons tendered by the Petitioner (with proof/evidences).

3.  The Family Court Divorce Judge would allow the dissolution of the marriage based on "beyond reasonable doubt" on situations like Physical Abuse to spouse (husband or wife), Drugs Trafficking and Child Abuse.

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view and is in no way associated with others in this forum nor be regarded as legal advice)
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answered on Aug 7, 2020 at 22:30
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edited May 9, 2021 at 18:12
 
@Icebaby

Your query is asking whether mental abuse suffered by you is a valid reason for divorce.

My Answer: It all depends on the evidences (not reasons) presented to the Divorce Judge in the Family Court and not merely accusations or allegations.

Section 53 LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 states that "Breakdown of marriage to be sole ground for divorce". In any case, the mere fact that a single petition was raised, signifies the breakdown in the marriage. Nothing was mentioned to present valid reasons.

Only those who have attended the 6 Marriage Tribunal Sessions will and can fully understand the actual purpose of this Tribunal. It has a hundred questions asked and the last 4 sessions involved ALL parties. I fully understood their purpose after 7 years. It was on that basis (Tribunal Report) that I WON 2 times in the Family Court.

All your husband has shown, are just like an adult child exhibiting tantrums (to you only) and there is no physical abuse on you.. There are "Anger Management Courses" available by both Government and Private Marriage Counselors. These is a case for specialists and certified submissions to the Family Court and to/from the Marriage Tribunal, not for forumers in a Public Website to decide.

Examples:
Reasons by Petitioner vs replies by the Respondent Lawyers (in brackets).

b.  Mental illness -  (Minor illness is curable and treatable)

d.  Husband is jailed - (Jailed for what reasons? Jailed for breaking Lockdown SOPs, jailed for shouting vulgarities at Enforcement Officers/Police/Parking Ticketing Officers? Jailed for breaking Home Quarantine laws?)

e.  Husband has Erectile Dysfunction-  (Treatable condition)

f.  Husband is a drug addict -  (There are rehabilitation centres throughout Malaysia)

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view and is in no way associated with others in this forum nor be regarded as legal advice)
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answered on Aug 8, 2020 at 22:14
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edited May 9, 2021 at 18:18
 
@Icebaby

Either party can make a Single Petition for divorce after 2 years of marriage.

Section 53 LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 states that "Breakdown of marriage to be sole ground for divorce".

Below is a list of possible "excuses/reasons" presented in the petition. This list has been presented in the Parliament which represent the "excuses/reasons" for the Breakdown of the marriage and the divorce has been granted.

Q: How many excuses appear "valid" in our Malaysian Culture? Then why yet the divorce judge allowed the divorce? Is it because our divorce law allows it by when one party refuses to remain in a relationship?

-------------------------------------------------

However, some of the reasons Malaysian couples cited for ending their marriage are so ridiculous that a local official was compelled to share them online.

Selangor Syariah Department compiled a list of reasons “Why Malaysians filed for divorce,” which Malaysia's Deputy Women, Family and Community Development Minister Hannah Yeoh shared on November 13, 2018 in the parliament.



Here's the entire list in English as translated by Mashable:

23 Reasons for the Divorce.

Wife's butt is not smooth
Husband is terrible in bed
Wife demanded clothes of 30 different colors
Wife dirties husband's kopiah (cap worn by Muslim males) because he spends too much time hanging with his friends at the mosque
Wife enjoys going on trips with her entourage
Wife enjoys washing the clothes at night
Husband is always suspicious of wife
Wife revealed she had better sex with previous partners
A difference in political views
Husband does not like wife eating in the car
Husband’s salary is lower than wife's
Wife is slow in preparing food
Spouse sleeps and wakes up late
Husband has erratic working hours
A child is sick and feverish
Jealousy because the spouse is still friends with an ex
Spouse is too chatty
Spouse snores in bed
Spouse enjoys shopping
Husband is stingy
Spouse's manner in washing and drying clothes is unacceptable
A squabble over which television programmes to watch
Spouse forgets to flush every time after using the toilet

------------------------------------------

Q: How many of the above excuses appears "valid" in our Malaysian Culture? Then why yet the divorce judge allowed the divorce? Is it because our divorce law allows it by when one party refuses to remain in a toxic relationship?
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