💔When Your Marriage Can’t Continue but Your Spouse Refuses to Divorce — What Can You Do?
Are you in this situation:
🔹 You’ve decided to divorce, but your spouse refuses?
🔹 You tried to negotiate but were rejected, ignored, or given the cold shoulder?
🔹 You’ve been separated for years, but your spouse still refuses to end it?
📌If you are in a non-Muslim marriage in Malaysia, under the Law Reform (Marriage and Divorce) Act 1976, you may apply to the court for a unilateral divorce.
📖 What is a Unilateral Divorce Application?
This means one spouse wants a divorce but the other refuses, or they cannot agree on key terms such as property division, child custody, or alimony.
In this case, the spouse seeking divorce must file a Petition for Divorce with the High Court.
📌 Unlike a mutual consent divorce, you must provide evidence showing the marriage has irretrievably broken down.
⚠️ What Grounds Can Be Used for Divorce?
Under Section 54 of the Act, you must prove at least one of these situations:
• ❌ Your spouse committed adultery or had an affair
• 💥 Your spouse behaved unreasonably (e.g., domestic violence, verbal abuse, emotional cruelty)
• 🚪 You were abandoned for at least 2 consecutive years
• 🛏 You have lived apart for at least 2 years
📌 Note: Even if you’ve been separated for years, divorce is not automatic — you still need to apply to the court.
📝 What Must You Do Before Filing for Divorce?
Under Section 106, you must:
1. Apply for marriage counseling and mediation at the National Registration Department (JPN)
2. Attend at least 3 mediation sessions conducted by a marriage tribunal office
3. If mediation fails, obtain a Certificate of Non-Reconciliation
📌 Unless you can prove special circumstances (e.g., domestic violence, disappearance, abuse), you cannot skip mediation.
📂 What Documents Will You Need?
• Copy of marriage certificate
• Copies of both spouses’ ICs or passports
• Children’s birth certificates (if any)
• Certificate of Non-Reconciliation issued by JPN
• Details of marital assets or properties
• Any past court judgments related to family disputes
• A detailed statement explaining the reasons for the marriage breakdown
⚖️ Stages of the Divorce Process:
1. ✅ File the divorce petition and required documents
2. ✅ Request a hearing date and enter court proceedings
3.✅ Judge reviews evidence of marriage breakdown
4.✅ Court issues a provisional decree
5.✅ If no objections are raised within 3 months, apply for the final decree
6. ✅ Both parties are legally divorced; JPN updates marital status
🚨 When Mediation May Be Waived：
• Domestic violence
• One spouse is missing or uncontactable
• Severe mental illness or behavioural issues
• Forced marriage or extreme controlling behaviour
✅ Conclusion: You Are Not Alone — The Law Can Help You Take This Step
Malaysian law respects the sanctity of marriage but also recognizes that a forced marriage is not healthy.
If your spouse insists on staying but you can no longer bear it, you have the right to seek freedom and dignity through the law.
📌 Although unilateral divorce can be complex, an experienced legal team can help you prepare evidence, represent you in court, and secure your rights.
