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Tam Yuen Hung & Co. is a boutique family and divorce law firm, based in Bandar Mahkota Cheras, Selangor, Malaysia.
We provide legal information regarding divorce in Malaysia.
The firm focuses exclusively in divorce and family law in Malaysia and will do nothing but the best to represent their clients.
Let us know what you need and our divorce lawyers will guide you through the process and lead you through all the hassle and trouble.
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Divorce In A Nutshell
What You Need To Know About Getting A Divorce In Malaysia
- You need to be married for more than 2 years before you are allowed to file for divorce in Malaysia. To divorce within 2 years from date of your marriage, you will need to show hardship / special circumstances before you are allowed to divorce.
- Mutual divorce (commonly known as joint petition for divorce) is much faster and less complicated than non-mutual divorce (commonly known as single petition for divorce).
- Both parties must attend the court hearing for mutual divorce. If either party cannot attend the court hearing for mutual divorce, you must give good and valid reason to be exempted. The High Court will have discretion to allow the exemption or not.
- Cost for mutual divorce is much cheaper compared to non-mutual divorce.
- Mutual divorce will take around 3-4 months before completion. On the other hand, non-mutual divorce will take 6-9 months usually.
- For non-mutual divorce (single petition), you will need to prove your ground for divorce. For mutual divorce (joint petition), there is no need to prove anything as long as both parties agree to divorce in Malaysia.
- For a non-mutual divorce (single petition), you are required under the law to attend 3 sessions of marriage counselling with Jabatan Pendaftaran Negara (JPN) and the marriage tribunal of the JPN must be satisfied that both of you cannot be reconciled before issuing a certificate to prove the same in order for you to start a single petition divorce in Malaysia.
- There is no such thing as “automatic divorce” after 2 years of separation / living separately. You will still need to apply for a divorce and you can use the 2 years of separation as a ground for divorce in Malaysia.
- You can only remarry after the divorce is registered with JPN (by submitting your divorce certificate to the JPN).
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