[Divorce] Can I get to Divorce within 2 years of Marriage?

There are people saying that you can’t get a divorce within 2 years of marriage in Malaysia, is it true?

If it is true, then what can I do if I really can’t stand my spouse anymore?

For the first question, it is half-correct. Under general rule, you indeed cannot file for a divorce if your marriage is within 2 years (counting form the date of registration). However, there are exceptions.

Reasons of Prohibition to divorce within 2 Years

Before we discuss the exceptions, some people might ask, why is it 2 years? What is the reason behind this law?

This law exists because of public policy logic. If the law makes the divorce too easy, more and more marriage might break down, so as the family. Divorce will not only affect the couples themselves, but also their child (if any), and the society as a whole. So, the law is enacted so by giving people some time to think twice before they make such important decision, hoping that they will get to reconcile later.

The General Rule of Getting Divorce within 2 Years

Legislation: Section 50, Law Reform Act (Marriage and Divorce) Act 1976

As per we’ve discussed earlier, under this rule you cannot divorce within 2 years from the registration date of your marriage, regardless it is single petition or joint petition.

What are the exceptions?

The petitioner must have been suffered from “exceptional circumstances or hardship” to be eligible to file for a divorce within 2 years of marriage.

So, what is considered as “exceptional circumstances or hardship”?

In Malaysia court, it was held that “physical abuse, mental abuse, cruelty, and also, slanderous statements published online.” can be considered as “exceptional circumstances or hardship”.

The more common condition found in real life are domestic abuse, or child abuse. However, please note that for any “exceptional circumstances or hardship” you claimed, you have to provide valid proof , for example: medical report, police report, photos, conversation records etc.

You can only proceed to divorce proceedings when the Court has approved your application to divorce within 2 years of marriage.

So, that’s all about this post. If you have any further questions, please do not hesitate to leave your comments/questions below or just contact us right away! We will reply you at the soonest. See you in the next post!

Leave a Comment