Translated by Alicia
Amended by Celine, Yugi
The 7 steps in Divorce Proceedings by a Single Party In Malaysia
1. 在马来西亚, 非穆斯林的离婚受1976年法律改革 (婚姻和离婚)（Law Reform (Marriage and Divorce) Act 1976 (LRA 1976)）的管辖。根据LRA 1976, 如果婚姻是登记或视为登记的, 或者婚姻是根据一项一夫一妻制的法律缔结的, 马来西亚高等法院只能授予离婚暂准判令或裁判分居令。LRA 1976的离婚诉讼只能给在马来西亚居住的双方当事人行使。离婚呈请书通常会在高等法院提交。
1 In Malaysia, divorce of non-Muslim is governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). LRA 1976 states that a Malaysian High Court can only grant a decree nisi or decree of judicial separation if the marriage is registered or deemed to be registered under the LRA 1976, or the marriage is contracted under a law that the marriage is monogamous. The LRA 1976 divorce proceedings can only be exercised if at the time of divorce the parties to the marriage domicile in Malaysia. The filing of petition of divorce is normally be filed in the High Court.
1.1 There are two types of Divorce Petitions in Malaysia, mutual consent (joint petition) and a divorce petitioned by one party (single petition).
2 Section 52 is divorce by mutual consent, that the husband and wife mutually agree that their marriage should be dissolved.
2.1 Divorce Petition
The first step of divorce in a joint petition where the parties mutually agree to divorce is the filing of divorce petition. Form 3 of the Rules 1980 joint petition for divorce. The joint petition for divorce shall be signed by the solicitors of both parties.
2.2 Decree of Divorce
The court may make a decree of divorce if the court is satisfied that both parties freely consent to the divorce. The court will first grant a decree nisi to the parties that will be made absolute after three months if there are no objections.
3 如果是单一请愿， LRA 1976第53条提供任何一方可能呈离婚呈请书的理由之一是在婚姻破裂至於無可挽救的程度。第54条则进一步提供事实及状况以便让法院證明婚姻已破裂至無可挽救的地步。
3 In single petition, Section 53 of LRA 1976 provides that either party to the marriage may petition for divorce on the ground that the marriage has irretrievably broken down. Section 54 further provides some facts and circumstances where the court will consider the marriage be deemed to be irretrievably broken down.
3.1 Conciliatory body
The first step of divorce proceedings by way of a single petition in Malaysia is the reference of the matrimonial difficulty to conciliatory body pursuant to section 106 of the LRA 1976. If the conciliatory body cannot resolve the matrimonial difficulty and to persuade them to resume their married life, the body shall issue a certificate to affirm this.
3.2 Petition of divorce
3.2.1 The second step is the filing of petition of divorce by the petitioner.
3.2.2 The next step is to serve the petition personally or by post to the respondent. Then an acknowledgment in Form 6 of the Rules 1980 has to be signed by the party to be served or by the solicitor on his behalf. If the party to be served intends to defend, he shall give a statement with the acknowledgment of service of petition signed by the party or the solicitor on his behalf stating his intention to defend.
3.2.3 If the respondent of the petition of divorce wishes to defend the petition or to dispute the facts he shall give notice of intention to defend within 8 days. Thereafter, the respondent has 21 days to file an answer to the petition. The petitioner may file a reply within 14 days after he has received a copy of the answer.
3.2.4 单一请愿第四个步骤是申请人或者任何辩护的一方寻求主簿官的指示进行审判。如果主簿官满意呈请书及其后的任何诉状已妥善地送达或者在时间期满后, 该有权利的一方并无作出抗辩的意向通知。主簿官应以他获得的一切资料作为考虑, 然后确定审判地点。
3.2.4 The fourth step for a single petition is the petitioner or any party who is defending seeking for directions of the Registrar for trial. If the registrar is satisfied that a copy of the petition and any subsequent pleadings have been duly served or there is no notice of intention to defend given by the party entitled to give it after the time has expired. The registrar shall also determine the place for trial having regard to all the circumstances and information available to him.
3.2.5 在审判期间, 法院有权在监护儿童、扶养配偶和抚养子女的事件作出决定。离婚呈请的答辩人可以在羁留或接触任何家庭子女的问题上聆讯。答辩人也可以在对于任何附带补救和费用的问题上聆讯。 答辩人亦可向法庭提交一份书面陈述, 说明他对现时及儿童安排意见的建议。
3.2.5 During the trial, the court has the power to give decision regarding to the custody of children, maintenance of spouses and maintenance of the children. The respondent of the divorce petition may be heard on question of custody or access to any children of the family. Respondent can also be heard for any question of ancillary reliefs and costs. The respondent may also file in court a written statement of his views on the present and proposed arrangements for the children.
3.2.6 其次, 法院可以在审判后向当事人许可离婚暂准判令。LRA 1976第61（1） 条说明离婚法令必须先是离婚暂准判令，在批出后三个月届满前, 不得作绝对的判令。
3.2.6 Next, the court may grant a decree nisi to the parties after the trial. Section 61(1) of the LRA 1976 stated that the decree of divorce shall first be decree nisi which will not be made absolute before expiration of three months after it is granted.
3.2.7 第六个步骤是通过在规则的表格8中提交通知, 使暂准判令成为绝对的判令。如果在宣布暂准判令之后，但在成为绝对判令之前，和解发生在夫妻之间，那么任何一方都可以申请命令, 通过同意撤销该法令。
3.2.7 The sixth step is the decree nisi to be made absolute by filing a notice in Form 8 of the Rules. In the event that after the pronouncement of a decree nisi but before it made absolute, reconciliation occurs between the spouses, then either party can apply for an order to rescind the decree by consent.
3.2.8 离婚诉讼的第七个步骤是授予一份证明离婚暂准判令成为绝对判令的证明书, 如1980规则的第9个表格所示, 承认双方已离婚。
3.2.8 The seventh step of a divorce proceeding is the grant of a Certificate of Making Decree Nisi Absolute by Divorce as in the Form 9 of the Rules 1980 to acknowledge the divorce between the parties.
3.2.9 After the Certificate as in Form 9 of the Rules 1980 is granted, a divorce for a non-Muslim couple in Malaysia is complete.
“The Chinese Version is a translation to the best efforts and if there is a conflict between the translation and the English version, please refer to the English version.