Divorce

In the complexities of life, it is not uncommon for a couple to realize that they are incompatible only after marriage. Sometimes, divorce is the best solution for both parties.

In the year 1900, a collection of Tang Dynasty artifacts was unearthed from the Mogao Caves in Dunhuang. Among these relics were divorce agreements from the Tang Dynasty, dating back to the 9th to 11th centuries. One of the most famous documents is this divorce agreement:

“The bond of marriage is deep and meaningful. The reasons for marriage stem from the fate of three lifetimes and past connections, bringing a couple together in this life. If the bond is unsuitable and they are like enemies, then it is better to part ways. The wife’s words are numerous, while the husband harbors resentment. It is as if cats and mice are enemies or wolves and sheep are in conflict. Since the hearts of both are not aligned, it is difficult to reconcile. Let them break up and return to their paths. I wish the wife to tidy herself up, maintain her beauty, and find a suitable partner of high status. Let go of grievances and not hold hatred. Each should find their own happiness. A three-year support for the wife is provided. I wish the wife a long and happy life. This document is made on [specific date] at [specific place].”

This ancient divorce agreement reflects the significance of marriage, the necessity of divorce, and provides support and blessings for the divorced spouse.

Ways to Divorce in Malaysia

In Malaysia, non-Muslims have two main ways to divorce: [Mutual Consent Divorce] and [Unilateral Divorce].

• Mutual Consent Divorce: If both parties agree to part ways amicably, they can opt for a mutual consent divorce. They can agree on the division of assets, child custody, and alimony, and file a Joint Petition with the court. This method is usually cheaper and faster as it involves simpler legal procedures.

• Unilateral Divorce: If one party does not agree to the divorce or there is no mutual consent, the other party can file a Unilateral Petition with the court. This process will involve more legal procedures and may be more complex.

Child Custody

• Mutual Consent Divorce (JOINT PETITION): Both parties can negotiate and arrange the terms of child custody themselves.

• Unilateral Divorce (UNILATERAL PETITION): One party can apply to the court for a decision on child custody. The judge will consider various factors, including:

  1. The welfare of the children
  2. The wishes of the parents
  3. The wishes of the children (if they are old enough to express a clear opinion)

  If the child is under the age of seven, there is a presumption that the mother is more suitable for custody, unless the father can prove otherwise. However, this is not absolute, and consulting a lawyer is recommended for specific advice.

Asset Distribution

Assets accumulated during the marriage or obtained due to the marriage are legally defined as Matrimonial Assets. These assets can include:

• Houses
• Cars
• Company Shares
• Stocks
• Jewelry
• Bank Savings, Fixed Deposits
• Trust Funds
• Insurance Policies
• EPF (Employee Provident Fund)
• Club Memberships
• Others

Pre-marital assets or assets accumulated before marriage are not considered matrimonial assets. It is best to consult a lawyer before divorce to determine which assets are matrimonial and which are personal to avoid financial disputes after the divorce.

Alimony

• Mutual Consent Divorce (JOINT PETITION): Both parties can negotiate and arrange alimony terms.

• Unilateral Divorce (UNILATERAL PETITION): One party can request the court to make a decision on alimony. Factors considered by the court include:

  • The financial needs of the wife/children
  • The standard of living of both parties
  • The income of both parties

  In exceptional cases, alimony may also be awarded to the wife. Consulting a lawyer for advice on alimony is recommended, as they will consider several factors to provide further recommendations.