Common Divorce Question to Ask Your Lawyer
1. We have just married for six months. Can we file a divorce petition?
Generally, you can only file a divorce petition after two (2) years of marriage unless your situation is fall under exceptional circumstances or you have suffered any hardship from your spouse (subject to proof).
2. Does it mandatory to get separate lawyers to do our divorce petition?
For Joint Divorce Petition, both Petitioner Husband and Petitioner Wife may engage the same lawyer to handle the case. For Unilateral/Single Divorce Petition, it is advisable for both Petitioners to engage their own favorable and trusted lawyer to represent them.
3. If we get married overseas, can we file our divorce petition in Malaysia?
So long as you have registered your marriage in Malaysia under Law Reform (Marriage And Divorce) Act 1976, you may file your divorce petition in Malaysia.
4. Before we file for our divorce petition, does it mandatory for us to live apart for at least two (2) years?
For Joint Divorce Petition, you don’t have to be separated for at least two (2) years prior to the divorce petition. For Unilateral/Single Divorce Petition, it is mandatory for both Petitioners to be separated for at least two (2) years prior to the divorce petition.
5. Does it mandatory to attend the counselling at Jabatan Pendaftaran Negara (JPN)?
For Joint Divorce Petition, you don’t have to attend any counselling course prior to the divorce petition. For Unilateral/Single Divorce Petition, it is mandatory for the Petitioner to apply for the counselling course at Jabatan Pendaftaran Negara (JPN).
6. Usually what are the terms to be discussed between the Petitioner Wife and Petitioner Husband when they want to get divorce?
Generally, the terms to be discussed includes the custody of the child/children if there is a child or children from the marriage), maintenance of the child/Children (if there is a child or children from the marriage), maintenance of the spouse (if any), access of the child/children, distribution of the matrimonial assets (if any) and any other terms which parties may raise up.
7. What will the court consider pertaining to the custody of the child/children?
The paramount consideration shall be the welfare of the child/children. The court shall regard to the following consideration: (i) the wishes of the parents of the child/children; (ii) the wishes of the child/children, where he or she is of an age to express an independent opinion.
8. What will the court consider/looking at towards the division of the matrimonial assets?
Pursuant to Section 76 of Law Reform (Marriage And Divorce) (Amendment) Act 2017, the court shall regard to the following factors: – (i) the extent of the contributions made by each party in money, property or work towards the acquiring of the assets or payment of expenses for the benefit of the family; (ii) the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home or caring for the family; (iii) any debts owing by either party which were contracted for their joint benefit; (iv) the needs of the minor children, if any, of the marriage; and (v) the duration of the marriage.
9. How long should a father of a divorced couple to maintain the maintenance of the child/children?
According to Section 95 of Law Reform (Marriage And Divorce) (Amendment) Act 2017, the father is bound to maintain his/her child/children until the child/children complete(s) his/her further or higher education or training (tertiary education). Tertiary education includes education up to diploma, degree, Master and PHD.
10. After the Decree Nisi and Certificate Of Decree Nisi Absolute have been issued by the court, is there any possibility that parties can amend the orders?
Yes. Parties may apply to the court to vary the orders subject to the proof if there has been any material change in the circumstances.
一般来说，您只能在结婚两 (2) 年后提出离婚申请，除非您的情况属于特殊情况或您遭受配偶施予的苦难/严重的精神压力、家暴等等（视证明而定）。
只要您根据 1976 年法律改革（婚姻和离婚）法令在马来西亚登记结婚，您就可以在马来西亚提出离婚申请。
对于双方面离婚申请，您不必分居至少两 (2)年。 对于单方面离婚申请，双方都必须在申请离婚之前至少分居两年。
5. 是否必须参加国民登记局 (Jabatan Pendaftaran Negara- JPN) 的辅导？
双方面离婚申请不需要参加任何辅导课程。 至于单方面离婚申请，请愿人必须申请参加国民登记局 (Jabatan Pendaftaran Negara- JPN) 协调小组的婚姻辅导课程。
最重要的考虑是孩子的福利。法院会考虑以下因素： （一）子女父母的意愿； （二）孩子的意愿，如果他或她已经到了能够自主独立给予意见的年龄。
根据 2017 年法律改革（婚姻和离婚）（修正案）法案第 76 条，法院将考虑以下因素： （一）各方基于家庭利益，为获取资产或者支付开销，在金钱、产业或工作方面的贡献程度； （二）没有获得资产的另一方，为了家庭福利，在照管家园和照顾家庭成员方面的贡献程度； （三）任何一方为共同利益而承担的任何债务； （四）婚姻中未成年子女（如有）的需要； （五）婚姻存续期。
根据 2017 年法律改革（婚姻和离婚）（修正案）法案第 95 条，父亲有义务抚养他的孩子，直到其完成深造或培训（高等教育）。高等教育包括文凭、学位、硕士和博士学位的教育。
Note：The Chinese Version is a translation to the best efforts and if there is a conflict between the translation and the English version, please refer to the English version.
备注： 中文版本只是翻译，如果中文翻译和英文版本之间有不同之处， 请以英文版本为准。