Divorce as a non Muslim in Malaysia is a difficult process. The laws governing divorce in Malaysia are complex, and the process can be lengthy and expensive. However, there are steps you can take to make the process go more smoothly.
In this guide, we will walk you through the step-by-step process of getting a divorce in Malaysia as a non-Muslim. We will cover everything from consulting a lawyer to finalizing the divorce decree in Malaysia.
Consulting a Lawyer
The first step in the divorce process is to consult with a lawyer. A lawyer can help you understand your legal rights and options, and they can represent you in court if necessary.
When choosing a lawyer, it is important to find one who is familiar with the laws governing divorce in Malaysia. You should also ask about the lawyer’s fees and his or her expertise.
Filing a Divorce Petition
Once you have consulted with a lawyer, they will file a divorce petition on your behalf. The divorce petition will set out the grounds for your divorce and your requests for child custody, maintenance, and property division. Alternatively, it may be a joint petition if both parties agree to the divorce terms.
The court will then set a hearing date for your case. You and your spouse will need to attend the hearing, and the judge will decide whether to grant your divorce.
During the hearing of your divorce proceeding, the court will decide the following terms:
- Child Custody
If you have children, the court will also need to decide who will have custody of the children. The court will consider a number of factors when making this decision, including the wishes of the children, the parents’ ability to care for the children, and the children’s best interests.
- Maintenance of Spouse & Children
If one spouse is unable to support themselves financially, the court may order the other spouse to pay maintenance. The amount of maintenance will be determined by the court, and it will be based on a number of factors, including the spouses’ incomes and expenses.
- Property Division
The court will also need to divide the property that was acquired during the marriage based on what is fair and just in accordance to the divorce law in Malaysia.
Decree Nisi
If the judge grants your divorce after the terms are decided, they will issue a decree nisi. The decree nisi is a temporary order that dissolves your marriage. However, the decree nisi is not final. You will need to wait three months before the decree nisi becomes a final decree (or absolute) under the divorce law in Malaysia.
Decree Absolute
After three months, the decree nisi will become a final decree. This means that your marriage will be legally dissolved, and you will be free to remarry.
Conclusion
The divorce process in Malaysia can be complex and challenging, but it is important to remember that you have rights. By consulting with a lawyer and following the steps outlined in this guide, you can make the process go more smoothly.
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