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Divorce & Separation
Guiding you towards clarity, confidence & healing
The end of a marriage is never easy but it doesn’t have to be chaotic or filled with fear.
At Piya Law Chambers, we help individuals and couples navigate the Malaysian divorce process with dignity, emotional support, and a clear legal strategy.
Whether you are just beginning to explore your options or are ready to take the next step, our role is to protect your interests—legally, financially, and emotionally—so that you can move forward with confidence.
Our Approach
Divorce is more than a legal process, it’s an emotional transition.
We believe in combining strategic legal representation with emotional awareness to ensure your journey through divorce is handled with clarity, care, and strength.
Our trauma-informed approach helps clients feel safe, heard, and guided through every decision—from custody to finances—without unnecessary conflict.
Types of Divorce in Malaysia
In Malaysia, divorce proceedings differ depending on whether the marriage was registered under civil law (Law Reform (Marriage and Divorce) Act 1976) or Syariah law.
At Piya Law Chambers, we focus on civil marriages involving non-Muslim couples.
There are two main types of divorce under Malaysian civil law:
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Divorce by Mutual Consent (Joint Petition)
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Contested Divorce (Single Petition)
Let’s explore what each means.
1. Divorce by Mutual Consent (Joint Petition)
A joint petition is the simplest and most amicable way to dissolve a marriage.
Both parties agree that the marriage has irretrievably broken down and have reached mutual decisions on:
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Custody, care, and control of children
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Child maintenance
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Spousal maintenance (if any)
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Division of matrimonial assets
This agreement is then recorded in writing and filed in court.
The process is relatively quick and straightforward, with court approval typically granted after a single hearing, provided both parties genuinely consent.
At Piya Law Chambers, we help our clients draft clear and concise agreements that protect their interests and avoid unnecessary disputes in the future.
2. Contested Divorce (Single Petition)
If one spouse does not consent to the divorce, or the parties cannot agree on key issues such as custody or property, the divorce will proceed as a contested divorce (known as a single petition).
In this case, one party must prove to the Court that the marriage has irretrievably broken down due to one or more of the following grounds:
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Adultery
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Unreasonable behaviour (including emotional or physical abuse)
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Desertion
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Separation for at least two years
Contested divorces can be complex. Our role is to ensure your case is presented strategically, and that your emotional well-being is safeguarded throughout the process.
What to expect
When you engage Piya Law Chambers, you can expect:
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Clarity — A full explanation of your legal rights and options
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Strategy — Tailored legal planning to achieve fair outcomes
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Emotional Awareness — Guidance that recognises the trauma, fear, and hope that accompany divorce
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Confidentiality — Absolute discretion at every stage
Why choose Piya Law Chambers
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Specialised in Family & Divorce Law, led by Piya, a family lawyer known for her empathetic yet strategic approach.
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Trauma-Informed Practice, combining legal expertise with emotional intelligence, ensuring our clients feel safe and empowered.
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Holistic Support. We collaborate with licensed therapists and counsellors to provide emotional guidance alongside legal support.
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Results with Integrity. We aim for solutions that are fair, sustainable, and grounded in respect.
Next Steps
If you’re considering divorce or separation, you don’t have to go through it alone.
Let’s talk through your options, clearly, calmly, and confidentially.
📞 Book a consultation to explore your next steps. Your new beginning starts here.
FAQ
For a joint petition, the process usually takes between 2 to 3 months, depending on the court’s schedule. For a contested divorce, it can take 12 months or longer, as the process involves a trial, evidence, and negotiations
Yes. You may still file a single petition on one of the grounds of irretrievable breakdown (such as adultery or unreasonable behaviour). Our team will assess your situation and help you determine the most suitable and strategic way to proceed.
Yes. If you and your spouse have lived apart for at least two years, you may file for divorce on the ground of separation.
For a joint petition, both spouses are typically required to attend one brief court hearing. In contested cases, attendance is required for hearings or trials.
We offer both legal representation and emotional support, ensuring you are guided with strategy, empathy, and discretion every step of the way. Our aim is to help you achieve closure — and the freedom to rebuild your life with confidence.
You can still file for divorce in Malaysia if both spouses are domiciled in Malaysia.
If you are a non-Malaysian wife who’s husband has deserted you, you can file for divorce in Malaysia if you have been residing in Malaysia for at least 2 years prior to the filing of the divorce. We regularly assist clients in cross-border marriages, including cases involving foreign nationals or Malaysians living abroad.
Yes. A divorce can proceed even if one spouse resides outside Malaysia. We can assist with international service of documents to ensure the process continues smoothly.
Not sure how to start?
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