Divorce and legal separation

The Malaysian court has jurisdiction when both of the following are true:

• The marriage was registered under the Law Reform (Marriage and Divorce) Act 1976, or was contracted under a law providing that the marriage is monogamous.
• The domicile of the parties at the time the petition is presented is in Malaysia.

A wife does not have a separate domicile of her own under Malaysian law. She acquires her husband’s domicile on marriage. The Act makes an exception: a wife may petition in Malaysia even where the husband is not domiciled or resident here if either:

• The wife has been deserted by the husband, or the husband has been deported from Malaysia, and the husband was domiciled in Malaysia before the desertion or deportation.
• The wife is resident in Malaysia and has been ordinarily resident here for two years immediately preceding the proceedings.

A petition must not be presented before two years from the date of the marriage. The court may allow an earlier petition where there are exceptional circumstances or hardship suffered by the petitioner.

Grounds

• Dissolution because one party to the marriage has converted to Islam.
• Dissolution by mutual consent, by a joint petition.
• A petition by either party on the ground that the marriage has irretrievably broken down.

A marriage is treated as irretrievably broken down where one or more of these facts is proved:

• The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
• The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.
• The respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the petition.
• The parties have lived apart for a continuous period of at least two years immediately preceding the petition.

Judicial separation

The court may make a decree of judicial separation where the marriage is a monogamous marriage registered or deemed registered under the Act, and both parties reside in Malaysia when the proceedings begin.

A couple who is judicially separated cannot remarry. These proceedings are used by people who cannot petition for divorce because of personal or religious beliefs.