Family law and divorce

For non-Muslims in Malaysia, divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 and heard in the High Court. If you both agree, a joint petition is the simplest route; if not, one spouse can file a single petition after going through the marriage tribunal. Generally you cannot petition within the first two years of marriage. We help with divorce, custody, maintenance and the division of matrimonial assets, including for couples with ties to Singapore.

Two ways to divorce

  • Joint petition (section 52): both spouses agree the marriage has broken down and agree on the terms (custody, maintenance, assets).
  • Single petition (section 53): one spouse files, proving irretrievable breakdown through adultery, unreasonable behaviour, desertion for two years, or living apart for two years. A reference to the marriage tribunal (conciliatory body) is generally needed first.

Muslim divorces are dealt with by the Syariah Courts; we coordinate with Syariah counsel where needed.

Children

The welfare of the child is the paramount consideration (section 88). The court can make orders on custody, care and control, and access, and these can be varied later if circumstances change.

Maintenance and assets

  • A former wife and children can apply for maintenance; orders can be varied and enforced.
  • Under section 76, the court divides matrimonial assets acquired during the marriage, including the home and, as recent cases confirm, EPF savings, considering each party's contributions.

Malaysia–Singapore families

Many Johor families have homes, CPF, HDB flats or jobs in Singapore. Which country to file in, and how orders are recognised, needs careful planning at the start.

FAQ

Can I divorce within two years of marriage?

Generally no. Section 50 prevents a petition in the first two years unless the court gives leave for exceptional hardship.

How long does a divorce take?

An uncontested joint petition can take a few months; a contested divorce over custody or assets can take a year or more.

Who gets custody of the children?

The court decides based on the child's welfare, and takes the child's wishes into account where appropriate.

Is EPF a matrimonial asset?

It can be. In Teo Chee Cheong v Chiam Siew Moi (2025) the court treated EPF savings as a matrimonial asset under section 76.

Divorce and family lawyers by location

Pages for each city where we handle divorce and family matters.

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