新山律师楼

Uncontested divorces typically take 3–6 months, while contested cases may take longer depending on complexity, disputes, and court schedules.

Common documents include:

● Marriage certificate

● IC/passport copy

● Children’s birth certificates (if any)

● Matrimonial Property details

The court prioritises the best interests of the child, considering factors such as stability, well-being, and parental involvement. Both parents may share custody depending on circumstances.

There is no automatic legal rule that a child under 7 must be given to the mother — but there is a commonly applied presumption in case law.

Malaysian courts generally follow the principle that for children of tender years (usually under 7), custody is typically awarded to the mother,unless there are strong reasons to show this is not in the child’s best interest.

Under the Law Reform (Marriage and Divorce) Act 1976 (LRA) Section 88 — The paramount consideration is the welfare of the child.

The court may consider:

Child’s age

Need for maternal care

Stability of environment

Character & ability of each parent

Any risk of harm

The court considers:

For the child:

• Age

• Standard of living before parents separated

• Education needs

• Health needs

For the parents:

• Income and financial ability

• Earning capacity

• Reasonable living expenses

• Number of dependants

• 
  

Both parents must contribute, but not necessarily equally. If one parent earns more, that parent generally pays more.

5. Can I apply for a Protection Order (PO/IPO)?

Yes. Victims of domestic violence can request an Interim Protection Order (IPO) or Protection Order (PO) for safety and legal protection.