10 Questions People Ask About Divorce in Malaysia
Introduction
Divorce is stressful, and having good information helps. People going through divorce in Malaysia often ask the same questions. Here are answers to questions we hear frequently.
1. How long does divorce take in Malaysia?
An uncontested divorce (both parties agree) typically takes 6-12 months. Contested divorces, where couples disagree, can take 2-3 years or longer. The timeline depends on how willing both parties are to cooperate and whether children and property are in dispute.
2. Can I get divorced if my spouse won't agree?
Yes. A contested divorce goes to court. The judge decides on divorce, property division, and custody. You'll need grounds for divorce (like infidelity or cruelty) and must prove them in court. This is more expensive and time-consuming than an agreed divorce.
3. How is property divided in divorce?
Malaysian law considers contributions (financial and non-financial), length of marriage, and family circumstances. Property isn't automatically split 50/50. A homemaker who raised children but didn't earn income still has a claim based on contribution. The court aims for fair distribution, not necessarily equal.
4. What about spousal support?
Called "alimony" in some places, Malaysian law recognizes maintenance. If one spouse has lower earning capacity, the higher-earning spouse may pay maintenance. This applies whether the ex is not working or earning less. The amount depends on both parties' income, needs, and lifestyle during marriage.
5. What factors affect custody decisions?
Courts prioritize the child's best interests. Factors include: parental capability, the child's preference (if old enough), living stability, each parent's relationship with the child, and special needs. A parent's gender doesn't automatically favor one side. Many divorces result in shared custody arrangements.
6. How is child support determined?
Child support covers the child's living expenses, education, and healthcare. The court considers both parents' income, the child's needs, and the custody arrangement. Both parents have a financial responsibility to their children regardless of who has custody.
7. Can I modify custody or support later?
Yes. If circumstances change significantly (job loss, relocation, child's needs), you can ask the court to modify custody or support. The court won't change orders lightly—it requires substantial change in circumstances.
8. What happens if my ex doesn't pay child support?
Non-payment is taken seriously. You can file enforcement proceedings in court. The court can garnish wages, seize assets, or hold the parent in contempt. Don't just accept non-payment—pursue enforcement through the court.
9. How much will divorce cost?
Legal fees vary widely. An uncontested, straightforward divorce might cost RM3,000-5,000. Contested divorces with property disputes and custody battles can easily cost RM10,000-30,000+ depending on complexity. Many lawyers offer payment plans.
10. Should I try mediation?
Yes. Mediation is often faster, cheaper, and less adversarial than court. A neutral mediator helps you and your ex reach agreements on property, custody, and support. Many courts now require mediation before trial. It gives you control over the outcome rather than letting a judge decide.
Final Thoughts
Divorce is personal and emotional. Getting good legal advice early helps you understand your rights and options. Many disputes resolve faster with a skilled family lawyer.
About the Author
Mr. Jimmy Puah Wee Tse
Partner
30 years experience in Family Law
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