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⚠ Disclaimer: This checklist is for general reference only and does not constitute legal advice, nor does it represent any lawyer or law firm. Every case is different. If you need legal assistance, please consult a licensed matrimonial lawyer.
Phase 1
Before You Begin — Document Preparation
Gather the following documents before consulting a lawyer or starting any proceedings. This will help speed up the entire process.
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Marriage Certificate
One original and one photocopy. If married overseas, the certificate must be notarised.
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Both Parties’ MyKad (IC) Copies
Photocopies of both sides of each spouse’s identity card.
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Children’s Birth Certificates
Photocopies of birth certificates for all children under 18 years old.
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Property Documents
Title deed, housing loan monthly statements, and valuation report (if available).
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Bank Account Statements
Last 3 months of bank statements, including both joint and individual accounts.
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EPF (KWSP) Latest Statement
Latest annual EPF statement or i-Akaun screenshot for both parties.
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Vehicle Registration (JPJ)
Registration documents and hire purchase agreements for all vehicles registered under either party’s name.
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Proof of Income
Last 3 months of payslips or the last 2 years of income tax returns (EA Form / BE Form).
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Insurance Policies
All life insurance, medical insurance, and investment-linked policy documents.
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Investments & Unit Trust Documents
Latest statements for ASB, ASN, Unit Trusts, CDS (share trading) accounts, and similar investments.
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Debts & Loan Documents
Personal loans, credit card balances, hire purchase agreements, and other liabilities. Debts must also be included in the division of assets.
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Business Documents (if self-employed)
SSM registration documents, share certificates, financial statements — applicable if either party owns a business.
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Prenuptial Agreement (if any)
Any agreement signed before marriage must be submitted to the lawyer to assess its legal validity.
During the Divorce — Matters to Handle
While proceedings are ongoing, work through the following items with your lawyer and spouse.
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Appoint a Lawyer
Choose a lawyer experienced in matrimonial law. Confirm the scope of representation and fee arrangement.
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Determine the Type of Divorce
Confirm with your lawyer whether to proceed by joint petition (Section 52 — both parties consent) or single petition (Section 53).
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SINGLE PETITION ONLY
Referral to Conciliatory Body
Under Section 106 of the LRA 1976, a single petition requires the marital dispute to first be referred to a Conciliatory Body. A certificate must be obtained before the petition can be filed in court.
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Negotiate Child Custody Arrangements
Includes day-to-day care and control, visitation schedule, and child maintenance amounts.
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Negotiate Division of Assets
Property, bank deposits, EPF, vehicles, investments, and debts must all be included in the agreement.
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Confirm Spousal Maintenance
The amount, method of payment, and duration of spousal maintenance (where applicable).
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Sign the Divorce Agreement
Ensure the agreement is complete and covers all matters relating to assets, children, debts, and maintenance.
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Cooperate with Welfare Officer (if ordered)
Where minor children are involved, the court may appoint a Welfare Officer to assess the children’s living conditions. You must cooperate with their visit and interview.
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Attend Court Hearing
Appear in court on time as instructed by your lawyer, bringing all original documents for reference.
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Receive Decree Nisi
Once approved by the court, a Decree Nisi is issued first. You must wait 3 months before applying to convert it into a Decree Absolute.
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Apply for and Receive the Decree Absolute
After the 3-month period, your lawyer applies to the court using Form 8. The court then issues Form 9 (Certificate of Making Decree Nisi Absolute). The marriage is officially dissolved.
After the Divorce — Administrative Updates
Once the Decree Absolute is granted, update the following personal and financial records as soon as possible.
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Update MyKad Marital Status
Bring the Decree Absolute (Form 9) to the National Registration Department (JPN) to update your identity card status.
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Revert to Maiden Name (if desired)
If the wife wishes to revert to her maiden name, this is also done at JPN. You’ll need the Decree Absolute and marriage certificate.
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Update EPF (KWSP) Nominee
Log in to i-Akaun or visit an EPF counter to change your nominee designation.
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Update SOCSO (PERKESO) Nominee
Visit a PERKESO counter or use the MySIPP system to update nominee details.
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Update Insurance Nominees & Policy Details
Contact your insurance agent to update beneficiaries on all policies. Also review whether home and motor insurance policies need changes to the policy holder.
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Update ASB / ASN / Unit Trust Nominees
Visit Amanah Saham Nasional (ASNB) or the relevant fund company to change your nominees.
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Handle Property Transfer or Sale
Transfer the property to one party’s name or engage a real estate agent to sell it, as per your agreement. You must also notify the bank and LHDN (RPGT may apply).
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Separate or Close Joint Bank Accounts
Visit the bank to split or close joint accounts, and cancel any supplementary credit cards issued to your spouse.
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Update Vehicle Registration (JPJ Transfer)
Transfer vehicles as per your agreement. If a hire purchase loan is outstanding, notify the financing bank first.
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Update LHDN Personal Tax Status
Update your marital status via MyTax or e-Filing. This affects personal tax reliefs (OG to SG form).
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Handle Utilities & Public Service Accounts
If property is transferred or you relocate, arrange account transfer or new applications with TNB, Air Selangor, Unifi, and similar providers.
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Notify Employer to Update HR Records
Marital status changes affect tax filings, medical benefit beneficiaries, and emergency contact information.
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Update Children’s School Emergency Contacts
Notify the school to update emergency contacts, authorised pick-up lists, and travel consent records.
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Make a New Will
Divorce affects the legal validity of an existing will. It is strongly recommended to consult a lawyer to redraft your will and any trust arrangements.