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Divorce

 

Divorce

In Malaysia, there are two types of divorce of marriage:
1) divorce by mutual consent, i.e. both parties agree to the divorce
2) divorce without mutual consent

DIVORCE BY MUTUAL CONSENT

The most important requirement to be fulfilled for the application of such divorce is : The spouse must have been married for at least two (2) years at the time the petition for divorce is filed.

 


DIVORCE WITHOUT MUTUAL CONSENT

Either party to a marriage may petition for a divorce on the ground that the marriage has broken down. The break down of the marriage can be grounded as follow:

1) that the other party has committed adultery
2) that the other party has behaved in such a way that it cannot reasonaly be expected to live together
3) that the other party has deserted for a continuous period of at least 2 years
4) that the parties to the marriage have lived apart for a continuous period of at least 2 years.