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For non-Muslims in Malaysia, the laws governing marriage and divorce are primarily found in the Law Reform (Marriage and Divorce) Act 1976. Generally speaking, in order to petition for a divorce, you must have been married (under the meaning of the said statute) for a period of at least 2 years. If both husband and wife mutually agree and consent to dissolve the marriage, the parties may file a joint petition for divorce under Section 52 of the Law Reform (Marriage and Divorce) Act 1976. In the event there is no mutual agreement and consent for a dissolution of marriage, either party to a marriage may petition for a divorce (single petition divorce) on the ground that the marriage has irretrievably broken down (section 53 of the said Act). Section 54 of the Law Reform (Marriage and Divorce) Act 1976 states:

“…(1) In its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage, the court shall have regard to one or more of the following facts, that is to say-

(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

 

(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

 

(c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;

(d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

 

(2) In considering whether it would be just and reasonable to make a decree the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach, but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage it shall dismiss the petition…”.

 

In granting a decree nisi (order for divorce/dissolution of marriage), the Court will also make provisions for amongst others, the custody, care, and control of the children of the marriage, guardianship of the children (where applicable), maintenance of spouse and children, visitation/access to children, and division of matrimonial assets.

For Muslims, the laws relating to divorce are provided under the relevant state’s Syariah enactments. We are able to provide you with references to our fellow advocates and solicitors who are practising Syariah lawyers in the event you require legal advice or representation in respect of matters involving divorce under Syariah law or other Syariah-related matters.

 

Marriage is not 50-50;

Divorce is 50-50.

Marriage has to be 100-100.

It isn’t dividing everything in half, but giving everything you have got

Marriage quotes from DaveWillis.org