PETALING JAYA: For couples considering divorce, the first and most critical question is which law applies.
Malaysia’s dual legal system – Syariah law for Muslims and the Law Reform (Marriage and Divorce) Act 1976 for non-Muslims – sets out very different processes, timelines and costs, making early legal awareness essential, particularly for families with tight finances.
Understanding these frameworks is crucial for a fair and efficient resolution, said legal assistant Sarainya Selvam.
For non-Muslim couples with tight finances, she said they should seek legal advice early.
“This can be done through the Malaysian Bar Legal Aid Department or state Bar Legal Aid centres, which assist eligible couples – those earning a combined annual income below RM50,000 – to file a joint petition for divorce.
“Early consultation helps couples understand the procedures involved, including custody, child and spousal maintenance, and division of family assets. It also allows them to assess their finances, gather relevant documentation and avoid actions that may negatively affect their case or their children’s welfare.”
Non-Muslim couples can pursue divorce in two ways under LRA 1976.
“The first is the joint petition under Section 52, where both spouses agree on the terms of divorce.
“This method requires only one lawyer and typically takes six to eight weeks, with a single court session to confirm the agreed terms before a High Court or Sessions Court judge,” she said.
Couples may request an immediate decree nisi absolute (the final court order legally ending the marriage, making parties free to remarry) to expedite proceedings, a strategy widely recommended for those facing financial hardship.
“The alternative is the single petition under Section 53, where one spouse applies for divorce while the other is made a respondent. This process often involves court hearings, sworn evidence and sometimes co-respondents in cases of alleged adultery. Single petitions are more expensive, time-consuming and may take 12 to 18 months to finalise, with potential appeals to higher courts,” Sarainya added.
She said financial concerns weigh heavily on couples contemplating divorce.
“Many fear they cannot sustain two households, risk losing their home, face uncertain maintenance enforcement and disrupt their children’s stability.”
However, she warns that money is not the only factor keeping couples in unhealthy marriages.
“Emotional and physical abuse, lack of legal knowledge and social stigma often trap couples in difficult relationships.”
Sarainya also stressed the importance of pre-marriage counselling, both religious and legal, to prepare couples for the responsibilities of marriage and help them anticipate challenges, including the possibility of marital breakdown.
Mediation has emerged as a practical tool for couples with limited finances, she added.
“It provides a flexible, cost-effective way to resolve custody, child maintenance and living arrangements without the emotional and financial strain of prolonged litigation. Parents can negotiate arrangements based on actual caregiving and finances.
“Shared custody schedules can reduce childcare costs, temporary housing can ease financial pressure and mediation encourages transparency in child support agreements, lowering the risk of future disputes.”
Sarainya said the law also protects financially dependent spouses, particularly mothers.
“Courts can order interim maintenance during proceedings and final maintenance after divorce. Ancillary relief under Rules 56 and 57 of the Divorce and Matrimonial Proceedings Rules 1980, or applications under Sections 77 and 93 of LRA 1976, offer additional safeguards for financially constrained parties.”
She addded that while financial concerns are significant, couples can achieve fair and efficient outcomes through legal knowledge, mediation and early preparation.
“With the right guidance, divorce can be managed in a way that minimises disruption for children and families.”
