FAMILY INSTITUTION
The following are the types of divorce for non-Muslim couples: Either the husband or wife converts to Islam while the other spouse does not. An annulment petition is filed by providing proof that the marriage is invalid. Husband and wife agree to dissolve the marriage after two years of marriage, except with special leave of the court. For contested dissolution, couples are required to go through a tribunal at the National Registration Department (NRD). Reference:
For non-Muslim couples who wish to file for divorce, the marriage must have lasted for at least two years, except with special leave of the court. Divorce procedures for non-Muslim couples in Malaysia are as follows: File a divorce petition at the High Court Applications can be either a joint divorce petition or a contested divorce petition. Mention and trial at the High Court If the court is satisfied with the divorce application, a Provisional Court Order (Decree Nisi) will be issued. After three months, couples may apply for a Decree Nisi Absolute (Certificate of Divorce). Marriage tribunal (if applicable) In contested divorce cases, applicants must refer to the Marriage Tribunal at the National Registration Department (JPN), except in certain circumstances. Updating divorce information Applicants must submit the original Decree Nisi Absolute issued by the court to update divorce information at JPN.
For non-Muslim couples, there are several claims and rights of the wife against the husband upon divorce. Among these are: Alimony is a financial support claim against the spouse after divorce. Several types of alimony include: Temporary alimony: given for a specific period Permanent alimony: given continuously and is long-term Child alimony: financial support for the children’s needs Couples can claim a share of property acquired during the marriage. The court will consider: Direct contribution: property jointly acquired by both parties Indirect contribution: non-monetary contributions that result in property or assets for the couple Determined by the court based on the child’s welfare and best interests. Types of custody: Full custody Joint custody Access rights for the parent who does not obtain full custody