In Malaysia, there is generally two types of divorce of marriage namely:-
A) DIVORCE BY JOINT PETITION
Where both parties agree to the divorce, the party may seek a solicitor to file a Joint Petition.
Both parties must have been married for at least (2) years at the time the petition filed unless court ordered otherwise.
Both parties can decide and agree on the maintenance of spouse and children (if any) and on the division of matrimonial assets (if any)
B) DIVORCE BY UNILATERAL PETITION
Where there is no mutual consent by either party to divorce, either party may seek a solicitor to file a Unilateral Petition
The grounds for a Unilateral Petition must fall under at least one of the below:-
- 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.
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