Divorce is a difficult process for any individual. You have
to go through the emotional turmoil of breaking up, as well
as all the legal complications that come with it. If you are
going through a divorce in Malaysia, then you should contact
us right away! JYE & Partners are dedicated to helping
people who are going through the tough process of getting
divorced. Whether you are looking for advice or are in need
of legal representation, we can help. We offer many
different services related to divorce law in Malaysia so
that we can help make this tough time easier for you and
your family!
We provides highly experienced and professional divorce
services in Malaysia. Our team of qualified and skilled
lawyers offers a comprehensive range of legal services,
specializing in divorce and family law services.
我们在马来西亚提供经验丰富且专业的离婚服务。我们的律师团队拥有高资质和丰富的经验，提供全面的法律服务，专注于离婚和家庭法相关事务。
There are two types of divorce petitions: Joint Petition and
Single Petition.
离婚申请有两种类型：申请双方同意离婚和单方面申请离婚。
A joint petition is a mutual agreement between both parties
to dissolve their marriage, provided they have been married
for at least two years. In a joint petition, both parties
must outline their agreement on several issues child’s
custody, child maintenance, spouse maintenance, spouse
alimony, distribution of matrimonial property and others.
双方同意申请离婚是双方达成的协议，用于解除他们的婚姻关系，前提是他们已经结婚至少两年。在联合申请中，双方必须就以下几个问题达成一致：孩子的监护权、孩子的抚养费、配偶的赡养费、配偶的生活费、婚姻财产的分配等事项。
A single petition may be filed by one party independently
after a minimum of two years of marriage, based on (4) four
grounds provided in Law Reform Act and upon obtaining a
Certificate (KC28 or KC29) from the Marriage Tribunal of the
Malaysian National Registration Department.
单方面申请离婚可以由一方在结婚满两年后单独提出，依据《Law
Reform
Act》中规定的四个理由，并需获得马来西亚国家登记局婚姻仲裁庭颁发的证书（KC28或KC29).
Annulment of Marriage is either husband or wife may present
a petition to the court praying for a decree of nullity in
respect of his or her marriage. (For registration of
marriage less than two years)
婚姻无效申请是指丈夫或妻子可以向法院提交申请，请求宣告其婚姻无效。（适用于登记结婚未满两年的情况）
Section 70 of LRA provides a marriage which takes place
after the appointed date shall be voidable on the following
grounds only, that is to say:
(a) that the marriage has not been consummated owing to the
incapacity of either party;
(b) that the marriage has not been consummated owing to the
wilful refusal of the respondent to consummate it;
(c) that either party to the marriage did not validly
consent to it, whether in consequence of duress, mistake,
unsoundness of mind or otherwise; and others.
根据《Law Reform
Act》第70条，婚姻在指定日期之后缔结的，可以在以下理由下被视为可撤销：
(a) 因任何一方无能力完成婚姻行为，导致婚姻未得以完成；
(b) 因被告方故意拒绝完成婚姻行为，导致婚姻未得以完成；
(c)
任何一方在婚姻中未能有效同意，原因可能包括胁迫、错误、精神不健全或其他情况；以及其他理由
The procedure for divorce in Malaysia:
在马来西亚的离婚程序：
Steps:
01
Consult a lawyer
A lawyer can help you
prepare the necessary
document and represent you
in court
02
Agree on arrangements
If you have children,
property, or maintenance,
come to an agreement with
your spouse.
03
File a petition
File a joint petition if you
and your spouse agree to the
divorce, or a single
petition if you want to
proceed without your
spouse's consent.
04
Attend the hearing
Appear in court with your
lawyer for the hearing date.
05
Receive the divorce
certificate
步骤:
01
咨询律师
律师可以帮助您准备必要的文件并在法庭上代表您。
02
达成协议
如果您有子女、财产或赡养相关问题，与配偶达成协议。
03
提交申请
如果您和配偶同意离婚，可以提交联合申请；如果您希望在未获得配偶同意的情况下离婚，则提交单方面申请。
01
出庭听审
在听审日期与您的律师一起出庭。
05
领取离婚证书
Why choose us?
01
We have an efficient panel of experienced
divorce lawyers.
我们拥有一支高效且经验丰富的离婚律师团队。
02
We will spend time listening and understanding
individual cases.
我们会花时间倾听并了解每个案件的具体情况。
03
We will act in your best interest.
我们将以您的最佳利益为出发点。
04
We will give you the appropriate guidance and
advice to expedite divorce proceedings, thus
making the legal fee more affordable by
minimising delay.
我们会为您提供适当的指导和建议，加快离婚程序，从而通过减少拖延使法律费用更实惠。
Frequently Asked Questions
1) How do I get a divorce? 如何申请离婚？
If both parther agree to divorce, you can file a
joint petition for divorce. If one party does
not agree, you can file a single petition for
divorce.
如果双方同意离婚，您可以提交联合离婚申请。如果一方不同意，您可以提交单方离婚申请。
2) Do I need to engage a lawyer for my divorce?
Can’t I deal directly with the High Court
myself?
我需要聘请律师办理离婚吗？我不能直接自己与高等法院处理吗？
It is advisable to appoint a lawyer when filing
for a divorce. The lawyer can guide you through
the whole tricky process of divorce.
建议在申请离婚时聘请律师。律师可以指导您完成整个复杂的离婚程序。
3) Can I file for divorce in Malaysia in the
case of incompatible personalities?
在性格不合的情况下，我可以在马来西亚申请离婚吗？
If you have been married for more than 2 years,
you can do so.
如果您结婚超过两年，您可以申请离婚。
4) If I live separately with my spouse for more
than 2 years, can I file for divorce
immediately?
如果我和配偶分居超过两年，我可以立即申请离婚吗？
Yes. If you have lived apart continuously for at
least 2 years, you can do so.
如果您结婚超过两年，您可以申请离婚。
5) Who must attend the court hearing for
divorce? 谁必须出席离婚庭审？
The lawyer must be present. As a general rule,
both husband and wife must also be present.
律师必须出席。通常情况下，夫妻双方也必须出席。
6) I have an unfaithful husband involved in
adultery. What legal action can I take?
我的丈夫有外遇不忠，我可以采取什么法律行动？
Engage a divorce lawyer to file for a single
divorce petition.
请聘请离婚律师提交单方离婚申请。
7) I could not find my partner and I have lost
all contact with my partner. Can I still apply
for a divorce?
如果我找不到配偶并且与配偶失去所有联系，我还能申请离婚吗？
You can apply to the court for a single divorce
petition through a lawyer.
您可以通过律师向法院提交单方离婚申请。
8) Can I remarry my former spouse after the
divorce? 离婚后，我可以与前配偶再婚吗？
Yes you can.
可以。
9) If I am not satisfied with the High Court’s
decision, can I file an appeal?
如果我对高等法院的裁决不满意，可以提出上诉吗？
Yes. You can appeal twice. First to the Court of
Appeal and secondly the final appeal to the
Federal Court.
可以。您可以上诉两次，首先向上诉法院提出，其次向联邦法院提出最终上诉。
10) What shall I do if I cannot afford to hire a
lawyer? 您可以向两个提供法律援助的机构寻求帮助：
You can get help from 2 organizations offering
legal aid.
- The Bar Council Legal Aid Centre set up by The
Malaysian Bar.
- The Legal Aid Department under the Prime
Minister’s Department.
Before you qualify for legal aid, you have to
take an online test to determine if your
financial capabilities fall within the necessary
boundary. The second test assesses the merits of
your case.
For joint divorce petition, either party pays
for the whole legal fee or both parties share
the legal fee. For single divorce petition, each
party has to pay the legal fee.
12) Who is entitled to spouse maintenance?
谁有权获得配偶抚养费？
Generally, the husband has the legal obligation
to maintain his ex-wife. But under exceptional
circumstances, the ex-wife can be responsible
for the husband’s maintenance if he is
financially incapable or he is suffering from
injury or ill-health.
13) How does the court determine child
maintenance? 法院如何决定子女抚养费？
The court will have to consider the means and
status in life of both the parents.
法院将考虑父母双方的经济状况和生活水平。
14) How does the court determine wife
maintenance? 法院如何决定妻子的抚养费？
The court shall base its assessment on the means
and needs of the parties and shall consider the
degree of responsibility to each party for the
breakdown of the marriage.
法院将根据双方的经济状况和需求进行评估，并考虑婚姻破裂的责任分担程度。
15) Who can apply for child custody?
谁可以申请子女监护权？
Only the parents can apply but in exceptional
circumstances, the High Court may grant
temporary custody to the child’s relative or any
welfare association that the court deems fit to
look after the child.
16) When can I apply for the custody of my
children? 我何时可以申请子女的监护权？
You can do so any time. You do not need to wait
for the divorce proceeding to commence, unlike
maintenance claim.
您可以随时申请，无需等待离婚程序开始，不同于抚养费索赔。
17) Who can take custody of my child who is 3
years old? 我的孩子只有3岁，谁可以获得监护权？
Usually the mother will be given the custody of
the young child. But exceptional cases, the
court will consider other factors such as the
welfare of the child and would act in the
child’s best interests.
18) How does the Court divide the matrimonial
assets after a divorce?
法院在离婚后如何分配婚姻财产？
The Court would not necessarily divide the
assets equally, but would usually divide the
assets based on the circumstances of the case
and would consider the following factors:-
- contribution made by either spouse.
- debts of a spouse for the benefit of both
parties.
- needs of the young children (if any).
19) How are assets acquired during the marriage
divided? 婚姻期间获得的财产如何分配？
The Court will strive to make a fair and
equitable division of the assets or the proceeds
of the sale of these assets.
法院将努力公平合理地分配这些财产或其出售所得。
20) How is the division of matrimonial assets if
one party contributed more than the other in
acquiring these assets?
如果一方在获得这些财产方面的贡献比另一方更多，财产如何分配？
The Court will consider 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, caring for the
family and the children. However, the party by
whose efforts the assets were acquired shall
receive a greater proportion.
21) I can’t live with my wife any longer. I want
a divorce but I dislike all the publicity in a
divorce. What can I do?
我无法继续与妻子共同生活，但我不喜欢离婚带来的负面舆论。我该怎么办？
Get a service of a lawyer who will advise you to
apply for a mediation settlement. This is the
best option because mediation is confidential,
avoiding all the adverse publicity involved in
single divorce petition.
22) What is the role of the mediation lawyer?
调解律师的角色是什么？
The lawyer, as the mediator, is the neutral
third party who can facilitate communication and
decision-making to resolve your family conflicts
in a co-operative manner.
作为调解员的律师是中立的第三方，可以促进沟通和决策，以合作方式解决家庭冲突。
23) Is mediation settlement cheaper and quicker?
调解和解是否更便宜和快捷？
Yes. It is cheaper because it is less time
consuming and less paperwork is involved. It is
quicker because the process of reaching a common
agreement is shorter and is dependent on the
parties’ schedules, not on the court.
24) What is the meaning of annulment of a
marriage? 婚姻无效的含义是什么？
This means a petition for a decree of nullity
can be brought about where a marriage is void or
voidable under Section 69 and 70 of the Law
Reform (Marriage & Divorce) Act 1976.
A marriage is considered void if either party
was already lawfully married to another.
如果任何一方已合法与他人结婚，则婚姻被视为无效。
26) When is the marriage voidable?
在什么情况下婚姻可撤销？
The marriage is considered voidable if the
marriage has not been consummated due to the
incapability or refusal of the spouse or if the
spouse suffers from a mental illness or
infectious venereal disease.
如果婚姻因一方无能力或拒绝完成婚姻关系，或者一方患有精神疾病或传染性性病，婚姻被视为可撤销。
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