How do I apply for a divorce? What are the steps to getting divorced in Malaysia?

Divorce proceedings begin with a divorce petition. You can't start divorce proceedings unless you fulfill certain conditions.

The three (3) main steps in divorce proceedings are:

1. Filing of divorce petition
2. Granting of a decree nisi
3. Applying for a decree absolute

1. Filing of divorce petition

You have to file a divorce petition in the nearest court showing reasons why you want your marriage to end. You should consult a solicitor to advise you on whether you have legal grounds for divorce.

Recommended Reading: Do I need a lawyer to file for a divorce?

In a divorce petition, you may apply for:

1. divorce;
2. custody of and access to the children;
3. maintenance for spouse and children;
4. division of matrimonial assets; or
5. costs of the proceedings.

A divorce petition must contain the information required by:

• Contested Divorce
  Form 2 of the Divorce and Matrimonial Proceedings Rules 1980 (General Form of Petition)
  (Malay: Borang 2 Kaedah-Kaedah Prosiding Perceraian dan Hal-Ehwal Suami-Isteri 1980 (Borang Petisyen Am))
  as near as may be in the order as set out and any further information required as may be applicable.


or

• Uncontested Divorce
  Form 3 of the Divorce and Matrimonial Proceedings Rules 1980 (Joint Petition)
  (Malay: Borang 3 Kaedah-Kaedah Prosiding Perceraian dan Hal-Ehwal Suami-Isteri 1980 (Petisyen Bersama))
  as near as may be in the order as set out and any further information required as may be applicable.
  
  If your divorce petition alleging two years' separation contains a proposal (which is not a proposal agreed between you and your spouse) to make financial provision for your spouse, your petition must be accompanied by an affidavit giving brief particulars of your means and commitments.

If you have any children under 16 or who are over the age and are at school, college or university or are training for a trade, profession or vocation, your divorce petition must be accompanied by a separate written statement containing the information required by Form 4 Statement as to Arrangement for Children (Malay: Borang 4 Penyata Mengenai Persetujuan bagi Anak-Anak). You have to attach a copy of up-to-date medical report.

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