The Law Reform (Divorce and Marriages) Act 1976 sets out the divorce
proceeding for non-Muslim in Malaysia.
All divorce proceeding starts with a divorce petition. Before filing a divorce petition, the
following pre-conditions must be satisfied:

1. The marriage has been registered or deemed to be registered under the LRA 1976;
   or the marriage was contracted under a law providing that or in contemplation of which,
   marriage is monogamous.
   1. Both parties were living in Malaysia (domiciled in Malaysia) at the time the petition is
      presented.
      The exception to this rule:
      a. the wife has been deserted by the husband or the husband has been deported
      from Malaysia; or
      b. the wife is resident in Malaysia and has been ordinarily resident in Malaysia
      for two years immediately preceding the commencement of the proceedings.
      
   2. The marriage lasted for at least two (2) years, except in exceptional circumstances or
      hardship suffered by the Petitioner.

There are two types of divorce petition in Malaysia: a joint petition and a single petition (aka.
unilateral petition).

Joint Petition

In the case of a simplified uncontested divorce, the spouses may opt to file a joint petition.
In order to file a joint petition, the spouses should not only mutually agree to the divorce
but also reach a consensus on the terms and conditions relating to the divorce, which
include:

1. custody, care and control of the children under the age of 18;
2. access to the children under the age of 18
3. division of the matrimonial property
4. child maintenance
5. wife maintenance

Single Petition

Any one of the parties can file a single petition without the consent of the other party, if:

1. both husband and wife agreed to divorce but could not reach a consensus on the terms
   and conditions relating to the divorce;
2. either one of the parties does not agree to the divorce; or
3. the other party cannot be located.
   Before filing a single petition, the parties are required to initiate a reconciliation proceeding
   by making an application to the Marriage Tribunal at the National Registration Department
   (JPN). The Tribunal will call both spouses a few times and see if there is a chance of resolving
   the matrimonial difficulty. If the Tribunal cannot resolve the matrimonial difficulty, the
   Tribunal will then issue a certificate to affirm this. However, this procedure can be exempted
   under exceptional circumstances. Lawyers are not allowed to intervene at this stage.
   In a single petition, the Petitioner (the party who initiates the divorce petition) must prove that
   the marriage has irretrievably broken down by showing one of the following grounds:
4. the other party (Respondent) has committed adultery;
5. the Respondent has behaved in such a way that the Petitioner could not reasonably be
   expected to live with the Respondent;
6. the Respondent has deserted the Petitioner for a continuous period of at least two (2)
   years before the presentation of the petition; or
7. both parties have lived apart for a continuous period of at least two (2) years before the
   presentation of the petition

A single petition is more complicated, costly and time-consuming than a joint petition.

Why choose a joint petition instead of a single petition?

1. Less complexity
2. Faster disposal of the case
3. Cost-effective
4. Avoid the hassles and stress
5. Less harm to the child and family

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