The findings in brief
- About 70% of non-Muslim divorces were resolved by mutual consent through a joint petition.
- 55% cited adultery as the leading ground, ahead of unreasonable behaviour (30%) and separation (15%).
- Around 7 in 10 petitions were filed by wives.
- More than 70% of cases involved at least one child, and mothers most often secured care and control.
- More than 60% of couples had been married over 10 years before divorcing.
- Nationally, non-Muslim divorces peaked at 17,200 in 2022 and eased to 12,880 in 2024 (DOSM, via JPN).
Method: firm figures are rounded, indicative proportions from the internal case records of Tam Yuen Hung & Co., covering more than 2,500 non-Muslim divorce matters (June 2017 to May 2026), and is based on the firm's available data. It describes one firm's casework and is not a national census. National figures are from DOSM, with non-Muslim records registered via JPN. DOSM revises earlier years over time, and divorce counts reflect the date of court order. Nothing here is legal advice.
The numbers in brief
Six patterns from more than 2,500 non-Muslim divorce cases, plus the national anchor.
Who files, and why
Most petitions came from wives, and adultery was the reason cited most often.
About seven in ten petitions were filed by wives. Adultery is the most cited reason, and in the firm's experience the alleged adulterer is more often the husband. That pattern is one likely reason wives file more often.
Under the law, a marriage must be shown to have broken down beyond repair, proven by one or more facts: adultery, behaviour the petitioner cannot reasonably live with, desertion, or living apart.
Figures show the main ground cited. Some petitions plead more than one fact. Proportions are rounded firm estimates.
How couples divorce
Most ended by agreement. The route chosen drives how long the divorce takes.
A joint petition is divorce by mutual consent. Both spouses agree to divorce and to the terms for children, maintenance and assets, then file together. This was the route in about seven of ten cases.
A single petition is filed by one spouse, used when the other will not agree or there is a dispute. It takes longer and usually requires a referral to a conciliatory body before filing.
Typical ranges from firm casework. Timelines depend on the court's schedule and whether terms are disputed. These are not guarantees.
Children and custody
Most divorcing couples had children. Mothers most often secured day-to-day care, with access for fathers.
More than seven in ten cases involved at least one child. When children are involved, the court's first concern is their welfare, not the wishes of either parent. In most of the firm's cases, mothers secured care and control, meaning the child lives mainly with them, while fathers were commonly granted access.
Custody, care and control, and access are decided case by case on the welfare of the child. Joint custody arrangements also occur.
Maintenance and assets
What divorce settles after the decree: support for children, support for a spouse, and how property is split.
Dividing matrimonial assets
There is no fixed split. The court looks closely at what each spouse contributed to the marriage, both money and non-financial effort such as caring for the home and children. Because contribution drives the result, two cases with similar assets can be split very differently.
Maintenance figures are typical firm starting points, not court tariffs. The amount depends on the financial circumstances of each family. Asset division is decided case by case under the Law Reform (Marriage and Divorce) Act 1976.
How long marriages last before divorce
Divorce in these files rarely came early. Most couples had been married more than a decade.
More than six in ten couples had been married over 10 years before divorcing. Early divorce was uncommon, which fits the law: a couple generally cannot petition in the first two years of marriage, except in cases of exceptional hardship. The national record points the same way. DOSM data places the median age at divorce for non-Muslim men at around 40 and women at around 36 in recent years.
The national picture
How non-Muslim divorce moved across Malaysia from 2017 to 2024, from the government's own count.
| Year | Non-Muslim divorces | Rate per 1,000 |
|---|---|---|
| 2017 | 10,256 | 0.8 |
| 2018 | 10,593 | 0.8 |
| 2019 | 11,122 | 0.9 |
| 2020 | 9,419 | 0.8 |
| 2021 | 12,286 | 1.1 |
| 2022 | 17,200 | 1.5 |
| 2023 | 13,773 | 1.2 |
| 2024 | 12,880 | 1.1 |
Nationally, non-Muslim divorces climbed through the pandemic years and peaked at 17,200 in 2022 as delayed cases cleared the courts. They then eased to 13,773 in 2023 and 12,880 in 2024. The firm saw the same shape: its busiest stretch fell around the COVID years, followed by a gentle decline, in step with fewer marriages being registered.
Source: DOSM, Marriage, Divorce and Rujuk Statistics, Malaysia, 2025, and earlier annual releases (2017 figure from the 2018 release). Figures are revised by DOSM over time and reflect the date of court order.
Non-Muslim divorce in Malaysia: FAQ
Plain answers to the most searched questions.
What counts as a non-Muslim divorce in Malaysia?
It is a divorce under the Law Reform (Marriage and Divorce) Act 1976, for couples not married under Islamic law. These cases are heard in the Civil High Court, separate from the Syariah system.
What are the grounds for non-Muslim divorce in Malaysia?
You must show the marriage has broken down beyond repair. This is proven by one or more facts: adultery, behaviour you cannot reasonably be expected to live with, desertion, or living apart for a set period.
Can I divorce without my spouse agreeing?
Yes. You can file a single petition on your own if you can show the marriage has broken down. A joint petition is only possible when both spouses agree to divorce and to the terms.
How long does a divorce take in Malaysia?
A joint petition often takes 3 to 6 months. A single petition usually takes 6 to 12 months, and longer if it is contested. These are typical timelines from firm casework, not guarantees.
Do I have to attend the Marriage Tribunal first?
For most single petitions, yes. You generally refer the matter to a conciliatory body before filing, with some exceptions. Joint petitions are exempt.
Can I file for divorce in the first two years of marriage?
Usually no. The law bars most petitions in the first two years of marriage, unless you can show exceptional hardship.
Who gets custody of the children in a Malaysian divorce?
The court decides on the welfare of the child. Mothers often receive care and control, especially for young children, with access granted to the other parent. Joint arrangements also occur.
How much is child maintenance in Malaysia?
It depends on the child's needs and the parents' means. In the firm's files it often starts around RM800 per child each month, and the amount depends on the financial circumstances of each family.
How many non-Muslim divorces happen in Malaysia each year?
Around 12,000 to 13,000 in recent years, after a peak of 17,200 in 2022. There were 12,880 non-Muslim divorces in 2024, about a fifth of all Malaysian divorces (DOSM, records via JPN).
General information only, not legal advice. The law referred to is the Law Reform (Marriage and Divorce) Act 1976.
How to cite
Free to quote with credit to Tam Yuen Hung & Co. Please link back where you can.
Sources
- Department of Statistics Malaysia (DOSM). Marriage, Divorce and Rujuk Statistics, Malaysia, 2025 (released 20 November 2025).
- Department of Statistics Malaysia (DOSM). Marriage and Divorce, Malaysia, annual releases 2018 to 2024.
- Non-Muslim marriage and divorce records registered with the National Registration Department (Jabatan Pendaftaran Negara, JPN).
- Law Reform (Marriage and Divorce) Act 1976 (Malaysia).
- Tam Yuen Hung & Co. internal case records, June 2017 to May 2026 (more than 2,500 non-Muslim divorce matters).
About Tam Yuen Hung & Co.
Tam Yuen Hung & Co. (TYH & Co.) is a divorce-focused law firm in Malaysia. The firm helps non-Muslim individuals and families with divorce, custody, maintenance and the division of matrimonial assets under the Law Reform (Marriage and Divorce) Act 1976.
The firm is registered with the Malaysian Bar under Section 85(1) of the Legal Profession Act 1976, Registration Number 000020005128.
Tel 03-9081 3889 / 016-947 3338
Edition First Edition (2026) · Published June 2026
