In Malaysia, there are two ways through which a marriage can be terminated, namely divorce with mutual consent and divorce without mutual consent.
To be eligible for a divorce with mutual consent, the parties must be married for a minimum period of 2 years, although it is still possible to petition for a divorce within 2 years of marriage.
There are four grounds under which either party in a marriage can petition for divorce without mutual consent:
that the other party has committed adultery
that the other party has behaved in such a way that it cannot reasonably be expected to live together
that the other party has deserted for a continuous period of at least 2 years
or that the parties to the marriage have lived apart for a continuous period of at least 2 years.
Foreigners whose marriages are registered in overseas may still petition for divorce so long as they reside in Malaysia.
Both the parties in a marriage are to consult a lawyer to discuss and make settlements with regards to custody of children, matrimonial property and spousal maintenance.
