Strategic Legal Advantage
for Divorce in Malaysia
Move forward with strategic advantage backed by our sepcialisation in Divorce & Family Law
Chris Chin, Founder & Managing Partner of Shang & Co.
Overview of Divorce in Malaysia
For Non-Muslims
The process of divorce and separation for Non-Muslim Malaysians and Non-Muslims residing in Malaysia is primarily governed by the Law Reform (Marriage and Divorce) Act 1976, namely; section 52 and section 53
Divorce by Mutual Consent
Section 52 allows both spouses to jointly petition the court for a divorce based on mutual consent. To qualify under this provision, the couple must:
-
Agree that the marriage has irretrievably broken down, and
-
Reach full agreement on matters such as division of property, custody of children, and maintenance (if applicable).
A joint petition under Section 52 is often the fastest, least contentious method to dissolve a marriage, typically resulting in fewer court appearances and lower legal costs.
The court will review the agreement to ensure it is fair and reasonable before granting a Decree of Divorce.
Contested Divorce
Section 53 governs situations where only one spouse initiates the divorce by filing a single petition. This process is initiate by a party who alleges that the marriage has irretrievably broken down.
Types of Divorce in Malaysia
In Malaysia, Non-Muslim couples have several legal pathways to divorce and separation, each shaped by the unique circumstances of the marriage and the level of agreement between spouses. Understanding these options is the essential first step toward securing a strategic, confident approach to your future.
Mutual Divorce
In a mutual divorce, both spouses jointly agree to end the marriage and file a joint petition under section 52 of the Law Reform (Marriage & Divorce) act 1976, where parties need not state any grounds of breakdown of the marriage or state any grounds for divorce. This process is typically faster, more amicable as both spouses fully agree on all key terms, including asset division, custody, and maintenance. Hence, the Court does not make any decisions as both parties jointly petition the court to formalize their agreement.
Uncontested Divorce
In Malaysia, even if your spouse refuses to consent to a divorce or you are unable to locate their whereabouts, it is still possible to proceed with a divorce under certain legal grounds. If your spouse refuses to participate or ignores the proceedings, you may file a single petition for divorce and apply for an uncontested divorce by default. The court may proceed with the case and grant the divorce if you can demonstrate that the marriage has irretrievably broken down — such as through evidence of separation, desertion, or unreasonable behavior — even without your spouse’s cooperation. In situations where your spouse cannot be found despite genuine and reasonable efforts, the court may allow you to proceed with divorce.
Contested Divorce
A contested divorce arises when spouses cannot reach agreement on key issues such as the grounds for divorce, child custody, property division, spousal maintenance, or other financial matters. These cases often involve heightened emotions, complex asset structures, or competing interests that require strong legal strategy and careful negotiation. In Malaysia, a contested divorce typically begins with one party filing a petition and the other spouse opposing it, either fully or partially. Court proceedings then become necessary to resolve the disputed matters. Depending on the complexity of the case, contested divorces may involve interim applications, multiple court hearings, financial disclosure exercises, and expert evidence.
Divorce in Malaysia for International Families & Expats
Divorces involving international families or expatriates present unique legal challenges that require specialized expertise. Issues such as domicile, jurisdiction, the choice of forum, cross-border asset division, and international custody disputes must be handled with strategic precision to safeguard your rights and interests. Without skilled legal guidance, international divorce cases can quickly become complicated, costly, and emotionally draining. Differences in legal systems, property laws, and custody regulations across countries can significantly impact your rights if not properly addressed from the outset.
Your Strategic Advantage in Divorce
At Shang & Co., our exclusive focus and extensive experience in family law give our clients a critical strategic advantage. Whether your divorce is contested or uncontested, our award-winning divorce lawyers bring powerful negotiation strategies, practical foresight, and deep expertise to every case.
We skillfully structure asset divisions, anticipate custody complexities, and craft settlement agreements designed to protect your interests and future stability.
With Shang & Co. you can navigate your divorce with clarity, confidence, and a clear path toward the next chapter of your life.
非イスラム教徒の結婚のためのマレーシアの離婚の種類
The Story
Where It All Began
When Chris Chin founded Shang & Co., 15 years ago, his vision was simple to build a firm where legal strategy served real people.
It wasn’t until one of the firm's very first files, a family matter that the full weight of that vision truly landed. It was the kind of case that doesn’t just test your knowledge. It tests your beliefs. Your belief in what it means to truly serve a family in crisis. Not with arguments, but with understanding; not with procedures, but with purpose.