Do we have to go to the marriage tribunal before filing for divorce?

Many people are surprised to learn that, for a contested civil divorce, the first step is often not the court but a conciliatory body. The law wants a genuine attempt at reconciliation before a single petition is filed, but it also recognises cases where that would be pointless or impossible.

What does section 106 require?

Under section 106(1) of the Law Reform (Marriage and Divorce) Act 1976 (LRA), no person may petition for divorce, except under sections 51 and 52, unless they have first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties.

So the requirement applies to a single petition on the ground of breakdown (section 53). It does not apply to a joint petition by mutual consent (section 52) or to a petition where one party has converted to Islam (section 51).

What is a conciliatory body?

Section 106(3) defines it as:

• a council set up for reconciliation by the appropriate authority of a religion, community, clan or association;
• a marriage tribunal; or
• any other body approved by the Minister by notice in the Gazette.

The parties can agree on a body. If they cannot agree, the matter goes to the marriage tribunal for the area where they live, or where they last lived together if they now live in different areas (s.106(2)).

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How does the process work?

• The body should resolve the difficulty within six months from the date of reference (s.106(5)(a)).
• It requires both parties to attend and gives each a chance to be heard.
• If it cannot reconcile them, it issues a certificate to that effect, and may add recommendations on maintenance, division of matrimonial property and custody of minor children (s.106(5)(b)).
• Lawyers may not appear before a conciliatory body, and a party may be represented only by a family member unless the body allows otherwise (s.106(5)(c)).

The certificate is then filed with the divorce petition.

When is a referral not needed?

The proviso to section 106(1) lists cases where the requirement does not apply:

1. the petitioner has been deserted and does not know where the spouse is;
2. the respondent lives abroad and is unlikely to enter Malaysia within six months after the petition;
3. the respondent was required to appear before a conciliatory body and wilfully failed to attend;
4. the respondent is imprisoned for five years or more;
5. the petitioner alleges the respondent suffers from incurable mental illness; or
6. the court is satisfied that exceptional circumstances make a referral impracticable.

The petition should explain which exception applies and why.

What should I do first?

1. Decide the route: joint petition, single petition, or conversion petition.
2. For a single petition, find out which marriage tribunal covers your area, or agree on another conciliatory body.
3. Attend the sessions and keep copies of notices and attendance records.
4. Obtain the certificate if reconciliation fails.
5. If an exception applies, gather proof, such as evidence of overseas residence or failed attendance.

Example

Sara's husband has lived in Australia for three years and says he will not return. She files a single petition without a tribunal referral, relying on the exception that the respondent resides abroad and is unlikely to enter Malaysia within six months, supported by his messages and travel records.

Common mistakes

• Filing a single petition without the certificate and without an exception.
• Treating the tribunal as a formality and not attending.
• Bringing a lawyer to the tribunal hearing, which is not permitted.
• Assuming the tribunal's recommendations are binding court orders. They are recommendations.

When to speak to a lawyer

Speak to a lawyer to choose the right route, check whether an exception applies, and prepare the petition after the tribunal stage. See our family and divorce page; you can also contact us.

Frequently asked questions

Can my spouse block the divorce by refusing to attend?

No. Wilful failure to attend after being required to appear is one of the exceptions in section 106(1).

Does the tribunal decide custody?

No. It may make recommendations in its certificate, but custody, maintenance and assets are decided by the court.

How long does the tribunal stage take?

The Act requires the body to resolve the difficulty within six months from the date of reference.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Law Reform (Marriage and Divorce) Act 1976 (Act 164), including sections 83, 88, 93, 95 and 96, AGC Laws of Malaysia
2. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026