Family law: marriage, divorce, maintenance and custody

Key points

Non-Muslims use the Law Reform (Marriage and Divorce) Act 1976 in the civil courts. Muslims use state Islamic family law in the Syariah courts.
No divorce petition may be filed within two years of marriage unless a judge allows it for exceptional reasons.
A joint petition (s 52) is the simplest route. A single petition (s 53) usually needs a marriage tribunal referral first (s 106).
In custody decisions the child's welfare comes first.
Since 15 December 2018, child maintenance can continue through further or higher education.
Homemaking counts as a contribution when matrimonial assets are divided.

Two systems

Malaysia has two family-law systems:

Non-Muslims: the Law Reform (Marriage and Divorce) Act 1976 (Act 164), often called the "LRA", applied by the civil courts.
Muslims: each state's Islamic Family Law Enactment (in the Federal Territories, the Islamic Family Law (Federal Territories) Act 1984), applied by the Syariah courts.

The rest of this page mainly covers the LRA.

Marriage (non-Muslims)

Registration. Civil marriages are registered with the National Registration Department (JPN), or solemnised by an authorised religious or other assistant registrar.
Minimum age. A marriage is void if either party is under 18. The one exception is a girl aged 16 or over who has a special licence from the Chief Minister or Menteri Besar (LRA ss 10 and 21(2)).
Monogamy. A marriage under the LRA is monogamous. Marrying again while that marriage still exists is void and can be an offence.

Divorce: the two-year rule

As a rule, no divorce petition may be filed within two years of the date of marriage (LRA s 50). A judge may allow an earlier petition in cases of exceptional circumstances or exceptional hardship, taking into account any children and the chance of reconciliation.

If both spouses agree that the marriage should end, they can file a joint petition (petisyen bersama) after two years of marriage. The court may grant the divorce once satisfied that both freely consent and that proper arrangements have been made for the wife and for the support, care and custody of any children. This is usually the quickest and cheapest route, and it does not require a referral to a marriage tribunal first.

Single petition (breakdown of marriage), s 53

Either spouse may petition alone on the ground that the marriage has irretrievably broken down. Under s 54 the court considers one or more of these facts:

adultery, where the petitioner finds it intolerable to live with the respondent;
behaviour such that the petitioner cannot reasonably be expected to live with the respondent;
desertion for a continuous period of at least two years;
living apart for a continuous period of at least two years.

Marriage tribunal and conciliation, s 106

Before a single petition, the couple must normally refer their difficulties to a conciliatory body (badan pendamai), such as a marriage tribunal (tribunal perkahwinan) or a recognised religious or community council. That body must try to reconcile them within six months. The petition can be filed only after it certifies that it has failed. Exceptions include a spouse who has deserted and whose whereabouts are unknown, a spouse living abroad, a spouse who wilfully refuses to attend, a spouse imprisoned for five years or more, and other exceptional circumstances. A joint petition under s 52 does not need this step.

Maintenance (nafkah)

Spouse. The court may order a husband to pay maintenance to his wife or former wife. In some situations it may also order a wife to pay maintenance to a husband who cannot support himself (LRA ss 77-78). The court looks at means and needs.
Children. Both parents have a duty to maintain their children. Orders normally last until the child turns 18. Since amendments that came into force on 15 December 2018, an order can continue while the child is in further or higher education or training, or for as long as the child has a physical or mental disability (s 95).
Orders can be varied if circumstances change. Unpaid maintenance can be enforced through the court.

Custody (hak jagaan)

The welfare of the child is the paramount consideration (s 88). The court also takes into account the wishes of the parents, and of the child if the child is old enough to give an independent opinion. There is a rebuttable presumption that a child under seven is better with the mother. Courts may order joint custody, give care and control (pemeliharaan) to one parent with access for the other, and attach conditions.

Matrimonial assets, s 76

On divorce, the court may divide matrimonial assets acquired during the marriage. The 2018 amendments made clear that the court considers:

each party's contributions in money, property or work, including paying expenses for the family;
the non-earning spouse's contribution in looking after the home or caring for the family;
debts incurred for the joint benefit;
the needs of any children; and
the duration of the marriage.

Muslims: the Syariah route

Marriage, divorce (talak, fasakh, khuluk and others), maintenance (nafkah), custody (hadhanah) and jointly acquired property (harta sepencarian) for Muslims are governed by state Islamic family law and decided in the Syariah courts. Procedures and forms differ slightly from state to state. Contact the Syariah court or religious department in your state, or see Syariah courts. A Syarie lawyer (peguam syarie) can represent you there.

When one spouse converts

Where one spouse in a civil (non-Muslim) marriage converts to Islam, the 2018 amendments allow either spouse to petition the civil court for divorce under s 51 or s 53, or both together under s 52. The civil court can also deal with maintenance, custody and assets in that divorce. A new s 51A covers the division of matrimonial assets if the converting spouse dies before the civil marriage is dissolved. These situations are legally complex, so get advice from a lawyer.

Children and protection

The Child Act 2001 deals with children in need of care and protection and with children in conflict with the law, through the Court for Children. Domestic violence is addressed by the Domestic Violence Act 1994, under which victims can seek protection orders. If a child is at risk, contact the police or the Social Welfare Department.

When to see a lawyer

Divorce, custody and asset division can have long-term consequences. Get advice before signing any settlement. If cost is a concern, the Legal Aid Department handles many family matters: see Getting legal help.

Laws cited on this page

Act 164	Law Reform (Marriage and Divorce) Act 1976 · Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976	Official text
Act 521	Domestic Violence Act 1994 · Akta Keganasan Rumah Tangga 1994	Official text
Act 611	Child Act 2001 · Akta Kanak-Kanak 2001	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Syariah courts Courts and their powers Wills and estates Getting legal help How a civil case runs