Joint Petition DIVORCE

How To Get A Divorce in Malaysia?

An overview of Divorce by way of Joint Petition

In Malaysia, matrimonial matters relating to non-Muslims are governed by the Law Reform (Marriage and Divorce) Act 1976. This article will provide an overview of the requirement of a joint petition and the court process involved.

A Joint Petition is an uncontested divorce filed by both parties to a marriage where it is agreed mutually that their marriage should be dissolved. However, it is just not about consenting to the dissolution of marriage, but parties have to also mutually agree to the provision relating to maintenance, custody of children, access to children, and division of matrimonial property.

In another word, for the court to allow the dissolution of marriage, parties have to mutually consent to the dissolution of their marriage and proper provision is made for the wife and children(i). Once both parties have come to a consensus on the terms, a joint petition can be filed in court.

The parties need to sit down and discuss with each other to come to a term that both parties are agreeable to for the filing of the Joint Divorce Petition. In any situation, it is not easy for parties to reach a consensus over the terms.

As it is, commonly parties decide to go for a divorce because of the lack of understanding, too much argument, and unrealistic expectation. With these indifferences, it would be very difficult for parties who agree that their marriage is dissolved, agree in respect of the provision relating to maintenance, custody of children, access to children, and division of matrimonial property. This is where a lawyer’s assistance is required to assist parties to mutually agree.

However, certain conditions have to be fulfilled before applying for a joint petition divorce. Parties are required to fulfill the following condition:-

(a) parties must be living and continue to be living in Malaysia(ii);

(b) parties must have been married for at least 2 years(iii); and

(c) the marriage must have been registered under the Law Reform (Marriage & Divorce) Act 1976(iv). In a joint petition, there is no requirement of compulsory reference to marriage tribunals or conciliatory bodies as required in a divorce by way of a single petition(v).

Now that you are aware of the law related to the joint divorce petition, let’s see the court process flow of a joint petition.

When parties mutually consent and agree to the dissolution of their marriage, parties should meet a lawyer where the lawyer would advise parties as to their rights and initiate the discussion on the provisions relating to maintenance, custody of children, access to children, and division of matrimonial property.

Once the parties have agreed on the terms for proper provisions made for the wife and children, the lawyer would start to draft out the required documents for filing at court. Upon drafting the said documents, the lawyer will require the parties to read through the contents and confirm the terms by signing it to file the finalized version in court.

Once, the said documents are filed, the court will then fix a date and the parties are required to attend the court hearing. On the hearing day, the Judge will ask parties whether they understand and agree to the terms upon which the Judge will grant the order after being satisfied that parties understand and consent to the terms stated in the joint petition. The lawyer will then file Decree Nisi for divorce.

At the end of the three months from the date the order granted, the lawyer is required to file Decree Nisi Absolute which finalizes the divorce. Usually within the three months of a Decree Nisi order, if parties want to reconcile, they could call off the divorce.

Once the Decree Nisi Absolute is out, the lawyer or the parties themselves can submit the order copy to the National Registration Department (JPN), and thereafter there will be a change to the parties’ status to divorce.

Generally, a Joint petition is generally lesser in cost and will be resolved in a shorter time as compared to a single petition.

We hope you have gained some information from this article. If you have any specific questions related to this article, please email us at ask@srileenasui.com or contact us.

Note: The article published is provided for general information purpose only and does not constitute legal advice to any specific case. Feel free to contact us for complimentary legal consultation.

(i) Section 52 Law Reform Act (Marriage and Divorce) Act 1976

(ii) Section 48(1)(c) Law Reform Act (Marriage and Divorce) Act 1976

(iii) Section 50(1)

(iv) Section 48(1)(a) Law Reform Act (Marriage and Divorce) Act 1976

(v) Section 106(1) Law Reform Act (Marriage and Divorce) Act 1976