Frequently Asked Questions

Family Matters

When can I apply for divorce? 

You can apply for divorce two (2) years after your registration of marriage. 

 Can I apply for divorce before the expiration of two (2) years of marriage? 

Yes, you may apply for divorce in less than 2 years of marriage only if you are able to proof exceptional circumstances or hardship suffered. 

How can I end my marriage if I have registered my marriage but have not lived with my husband? 

If you have not had sexual relations with your husband, you can apply for a decree of nullity on the grounds of refusal to consummate the marriage. 

 Can I apply for a decree of nullity even though we have been married for less than 2 years? 

Yes, you do not have to be married for 2 years before applying for a nullity decree which is a requirement for filing for divorce. 

How do I file a petition for divorce in Court? 

There are two ways to go about the filing of a divorce petition in Court. If you and your spouse agree for a divorce and all the terms to divorce, then you may proceed to file a joint divorce petition. However, if your spouse disagree to any one of your terms, you are no longer eligible to file for a joint petition. You will need to file for a unilateral divorce petition.  

On what grounds can I file my petition for divorce in Court? 

a. Unreasonable Behaviour

You must establish that your spouse have behaved in such a way that you cannot reasonably be expected to live with him or her.

b. Adultery

You must prove beyond reasonable doubt that your spouse had engaged in a sexual intercourse with another person of the opposite sex and that you find it intolerable to live with your spouse.

c. Two Year Separation

You must prove that you and your spouse have been living apart, for a continuous period of at least two years before the filing of the petition.

d. Desertion

You must establish that your spouse has deserted you for a continuous period of at least two years before the filing of the petition. 

Unilateral Divorce Petition

What is the procedure for unilateral petition? 

You must first refer your marital problems to marriage tribunal and attend to three counselling sessions in JPN at the district you registered your marriage or last stayed together. At the end of 3 counselling sessions, the tribunal will issue a certificate confirming that the parties could not be reconciled. 

 What happens if my spouse fails to the counselling sessions? 

The tribunal will cancel the counselling sessions and you will need to apply for an exemption from referring to the marriage tribunal in Court. Upon obtaining the exemption from Court, you may file the Unilateral Divorce Petition in Court. 

 Currently my spouse and I are staying in Johor, but I registered my marriage in Penang. Do I need to file the divorce in Penang? 

No. You can file your divorce in Johor or in the High Court nearest to you if you and your spouse are living in different states or towns. 

What happens after I file my Unilateral Divorce Petition in Court? 

The Court will provide a case management date and the petition shall be served to your spouse. Your spouse will have 8 days from the date of receipt to appoint solicitors to act for him and enter appearance.

The Court will then give your spouse 21 days to file a reply defending the allegations in your petition. Once all the necessary documents have been filed in court, the court will fix a hearing date and the parties will be given the opportunity to prove their claims and allegations during the hearing. The Court will assess the evidences given and decide accordingly.

What if my spouse fails to appoint solicitors or refuses to attend to Court? 

So long as your spouse has been duly served with the divorce papers and has been informed of the hearing date, the Court will proceed with the petition as an undefended matter and grant you the divorce and the orders you prayed for. 

Can I still file for divorce if I do not have knowledge of my spouse’s whereabouts? 

Yes, you can file your petition on grounds of desertion and/or separation. 

I am a Malaysian and my spouse is a foreigner. We got married in overseas. Can I file for divorce in Malaysia? 

Yes so long as you and your spouse are domiciled in Malaysia at the time you file for divorce. There is however an additional rights for wife to file the petition for divorce in certain circumstances even if the husband is not domiciled in Malaysia. You should seek advise as to whether this is applicable to you. 

Can I seek for spousal maintenance from my husband? 

Yes but you need to establish the basis of your claim and the Court may award maintenance by assessing your needs and means of the husband. 

Can I seek for children maintenance in my divorce petition? 

Yes. It is the duty of a parent to maintain or contribute to the maintenance of his or her children, as may be reasonable, having regard to his/her means. 

 How long does it take for my divorce to be finalised? 

8-9 months approximately. 

Mutual Divorce Petition

Under what circumstances do I apply for divorce by way of mutual and joint petition? 

You may file for joint and mutual divorce petition when you and your spouse agree to all the terms for the divorce. 

My spouse is agreeable to all my terms except for one. Can I apply for joint petition? 

No. You will need to proceed by way of Unilateral Divorce Petition. 

Do I need to attend for counselling sessions at JPN before filing my joint petition? 

No. This requirement is not applicable for joint petition. 

Do I need to specify the reasons for divorce in my joint petition? 

No. You need not specify any reasons for the breakdown of marriage. 

How long does it take for my divorce to be finalised by way of joint petition? 

3-4 months. You will need to attend to Court for hearing only once. 

Online Harrasment / Defamation

Complaint Process Flow Chart 

Step 1: Complaint/ Report to the respective social media service providers (ex: Facebook, Instagram)

Step 2: If your complaint is not resolved or you are not happy with the feedback/resolution, proceed to lodge a complaint to CFM/ CMCF.

Step 3: If you are still not satisfied with the resolution/ solution offered, proceed to lodge a complaint to MCMC.

Source: https://www.mcmc.gov.my/en/make-a-complaint/complaint-circle 

How to Lodge a Complaint in CFM? 

Options available:

1. Email to aduan@cfm.org.my (BEST OPTION)

2. Call: 1800-18-2222

3. Download app “My Mobile Rights” and lodge a complaint.

4. Walk-in or write to:

Communications and Multimedia

Consumer Forum of Malaysia (CFM),

Off Persiaran Multimedia, Jalan Impact,

63000, Cyberjaya, Selangor Darul Ehsan.

How to Lodge a Complaint in CMCF? 

1. Lodge complaint at:

http://www.cmcf.my/online-form-online-content OR

2. Download and print the complaint form and submit your complaint to:

The Complaints Bureau Chairman

Communications and Multimedia Content Forum of Malaysia

Unit 1206, Block B, Pusat Dagangan Phileo Damansara 1

9 Jalan 16/11, Off Jalan Damansara, 46350 Petaling Jaya

Selangor Darul Ehsan, Malaysia.

How to Lodge a Complaint in MCMC? 

1. Lodge complaint at https://aduan.skmm.gov.my/

2. Refer to https://aduan.skmm.gov.my/Manual/MCMC_User_Guide.pdf for guidelines to lodge a complaint.

Communications and Multimedia Act (CMA) 1998 

SECTION 233: Improper use of network facilities or network service, etc.

(1) A person who—

(a) by means of any network facilities or network service or applications service knowingly—

(i) makes, creates or solicits; and

(ii) initiates the transmission of, any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or

(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence.

(2) A person who knowingly-

(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or

(b) permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a),

commits an offence.

(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.

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