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What is a Joint Petition for Divorce: Divorce Process in Malaysia

January 18, 2025January 18, 2025 by Max Tamin BlogsLeave a Comment

Joint petition for divorce in Malaysia in the KL Family Court by TYH & Co. Best Divorce Lawyer in Malaysia

You may have heard this a lot. Do you want to file a joint petition or single petition for divorce? Something that a lawyer will ask when you asked for a divorce. But what is a joint petition for divorce under the divorce process in Malaysia?

Joint Petition for Divorce for Non-Muslims

As the name suggests, a joint petition for divorce is akin to filing an application for divorce by both parties jointly in Malaysia for non-Muslims. A divorce lawyer will first assist to get details on the agreed terms between both the husband and wife before preparing the divorce petition. This document is known as a joint petition.

Process of Joint Petition for Divorce in Malaysia

Then, both the husband and wife will proceed to sign the divorce petition (or joint petition) jointly on all the agreed terms. The joint petition for divorce will lay out all the essential terms that parties must come to an agreement on. This includes custody of children, maintenance of children, alimony of spouse, and division of matrimonial assets. Of course, you can add on additional terms relevant to the divorce as long as it is agreed by both parties voluntarily.

Divorce Hearing (Court Hearing)

Subsequently, the signed joint petition for divorce will be filed to the Court in Malaysia and the Court shall fix a hearing date (divorce hearing) where both the husband and wife must attend the divorce hearing together with your divorce lawyer in Malaysia. During the divorce hearing, the Court will review the divorce terms accordingly and shall make necessary amendments, if needed.

In KL & Selangor, there are dedicated Family Courts (Mahkamah Keluarga) that primarily handle divorce and family law related cases for non-Muslims. For other states out of KL & Selangor, divorce and family related cases are handled by the civil courts.

Post Divorce Hearing

If all the divorce terms are agreed voluntarily and the Court is satisfied that the divorce terms are reasonable, the Court shall grant a divorce order (known as decree nisi which is a provisional or temporary order for divorce). This shall be official 3 months later where a divorce certificate will be issued then (known as decree nisi absolute under the law).

To avoid any confusion, here are the terms usually used in the Malaysian Courts for divorce documents since the documents must be in our national language i.e. Bahasa Malaysia:

Joint Petition: Petisyen Bersama
Decree Nisi: Dekri Nisi (Provisional/Temporary Divorce Order)
Certificate of Decree Nisi Made Absolute: Sijil Menjadikan Dekri Nisi Mutlak (Divorce Certificate)

Joint Petition or Single Petition for Divorce in Malaysia

It is worth noting that filing a joint petition for divorce saves time and cost in Malaysia. So, if either one of the parties does not agree to the divorce for any reason, it is advisable to first seek for a divorce settlement in order to save time and cost for a divorce rather than initiating a single petition for divorce directly. You may read here to find out more on the guide for joint & single petition for divorce in Malaysia.

Other than that, a joint petition for divorce does not require parties to provide any reason for divorce (no-fault divorce) and there is no need to attend any marriage counselling as long as the marriage is more than 2 years.

Conclusion

Remember to always seek for a joint petition, if possible, in order to end the marriage peacefully. It is not about winning the other party but achieving a mutual resolution for parties to move forward. Seeking an experienced divorce lawyer in Malaysia is crucial to ensure that the divorce process can be processed smoothly.

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Top 10 Divorce Guide from a Divorce Lawyer in Malaysia (2025)

January 15, 2025 by Max Tamin BlogsLeave a Comment

Top 10 Divorce Guide Divorce Lawyer Malaysia by TYH & Co.

If you are looking for a divorce lawyer in Malaysia or planning to get a divorce in Malaysia, you are at the right place. Getting a divorce as a non-Muslim in Malaysia can get messy. With the right guidance and information from our divorce lawyer here, you can be sure that you know what to expect before you start the divorce process. Here are top 10 divorce guide from a divorce lawyer in Malaysia.

You can only file a joint petition or single petition for divorce in Malaysia

Joint petition is filed when both parties agree to the divorce and all its related terms. On the other hand, a single petition is filed when only one party initiated the divorce process without the agreement from the other party due to disagreement or in the event where the other party cannot be found or located.

It is advisable to first seek for an agreement to file a joint petition by proposing the divorce terms to your spouse. Our divorce lawyer will assist to seek for divorce settlement to resolve the terms amicably. This will help to save time and cost for divorce.

Divorce application must be made to the Court in Malaysia

You can only file a divorce application to the Court in Malaysia by filing a divorce petition by a divorce lawyer. You cannot file a divorce in the Jabatan Pendaftaran Negara (JPN) since they cannot accept or grant a divorce order for non-Muslims.

This is provided under the Law Reform (Marriage and Divorce) Act 1976 which governs the law of divorce for non-Muslims in Malaysia.

Filing a joint petition is much cheaper (and faster) compared to filing a single petition for divorce

Mutual divorce costs much lesser compared to a non-mutual divorce since the process for a joint petition is more direct and straightforward. Also, you can save more time as a joint petition will take around 3-6 months to complete.

Our divorce law firm offers fixed legal fees with no hidden charges for our divorce services in Malaysia.

You may get legal advice and quote for divorce from our divorce lawyer via WhatsApp below.

You don’t need a reason to file a divorce in Malaysia if the divorce is mutual (Joint petition)

If the divorce is agreed by both parties including all its related terms, no reason is required to file a divorce petition in Malaysia. Parties can file for a divorce as long as the marriage is more than 2 years.

You need a reason to file a divorce in Malaysia if the divorce is not mutual (Single petition)

If the divorce is not agreed by either party, you need to prove your ground to file a divorce in Malaysia by way of single petition.

You may read the grounds to file a divorce in Malaysia by way of single petition here.

You need to attend the marriage counselling with the JPN if the divorce is not mutual (Single petition)

Before you can file a single petition, you need to register with the JPN (nearest JPN based on the address of you and your spouse residing together) for marriage counselling. You can start the divorce process upon completion of the counselling assuming the counselling failed to reconcile both you and your spouse.

You may read here for more information on the said marriage counselling with the JPN.

You must attend the divorce hearing in the Court physically (or online)

Depending on whether if you filed a joint petition or single petition, the applicant(s) must attend the Court for divorce hearing fixed by the Court. Online divorce hearing (by way of ZOOM application usually) is possible subject to the approval of the Court.

Furthermore, you may apply for an exemption from the divorce hearing. Again, this is subject to the approval of the Court.

Divorce certificate will be issued 3 months after the divorce hearing

Under the law, divorce certificate (also known as certificate of decree nisi made absolute) will be issued 3 months after the divorce hearing. This is to allow parties to reconsider their decision and they may ‘stop’ the divorce within the 3 months cooling-off period. You must communicate with our divorce lawyer to ‘stop’ the divorce before it is official.

Your divorce process will be completed once the JPN is updated

Divorce order is only granted by the Court in Malaysia. Our divorce lawyer will assist to update the JPN on the divorce status to update your marital status. You may remarry again any time after the divorce is updated with the JPN. This is a final step where many people failed to follow in Malaysia only to find out later on.

Divorce is not about winning

Lastly, getting a divorce in Malaysia is not about winning the other party. It is about achieving a fair settlement between parties including terms on custody of children, amount of alimony & maintenance of children, and division of matrimonial assets. As a matter of fact, most divorce disputes in Malaysia end up in with divorce settlement without fighting in the court. This is to ensure that parties are able to negotiate on their terms freely to achieve a win-win settlement.

Conclusion

Objective of this top 10 divorce guide from a divorce lawyer in Malaysia is to give more clarity and insights on the divorce process in Malaysia. Remember to always seek for divorce settlement whenever possible. This is to allow parties to negotiate freely without escalating the matter to the Court. This will not only save you time but money as well. Afterall, you don’t want to end up fighting endlessly.

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How to Find the Best Divorce Lawyer in Malaysia

November 27, 2024 by Max Tamin BlogsLeave a Comment

How to Find the Best Divorce Lawyer in Malaysia

Divorce is one of life’s most challenging events, and having the right divorce lawyer by your side can make the process smoother. But how do you find the best divorce lawyer in Malaysia? Here are some practical tips to guide you.

Look for Experience in Divorce & Family Law

Divorce cases can be complex, especially when children, property, and financial matters are involved. A divorce lawyer with significant experience in family law will understand how to handle these issues effectively. Ask potential lawyers about their experience with similar cases and how they approach contested divorces versus uncontested ones.

Check Their Reputation

A good divorce lawyer will have a strong reputation for professionalism and reliability. Look for online reviews, testimonials, or referrals from friends or family who have been through a divorce. This will give you an idea of what to expect.

Ask About Their Approach

Each lawyer has a unique approach to handling cases. Some may prefer mediation and settlement, while others are prepared for aggressive litigation if necessary. Choose a lawyer whose style aligns with your needs and goals for the divorce.

Understand Their Fees

Legal fees can vary widely between law firms. Ensure you have a clear understanding of their fee structure before you commit. Ask if there are fixed fees for uncontested divorces or hourly rates for contested cases. Transparency about costs will help you avoid surprises later.

Evaluate Their Communication

A good lawyer will take the time to listen to your concerns, explain the legal process in simple terms, and keep you informed about the progress of your case. If a lawyer is difficult to reach or doesn’t provide clear answers, they may not be the best fit.

Why Choose Our Law Firm?

At Tam Yuen Hung & Co., we understand how stressful and emotional divorce can be. That’s why we strive to provide personalized, high-quality service for every client. Here’s what sets us apart:

Team Support for Contested Cases
For contested divorces, we usually assign at least two lawyers to work on your case. This ensures that all aspects of your case are handled thoroughly and efficiently.
Limited Caseload
We accept only a limited number of cases at one time to maintain our high standards of service. This allows us to give each client the attention and focus they deserve.
Extensive Experience
With over 2,000 divorce cases handled, we have the expertise to guide you through even the most challenging situations. Whether you need help with a joint petition or single petition divorce, our team is ready to assist.

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KC28 and KC29 Issued After Marriage Counselling with the JPN: An Overview

July 25, 2024July 25, 2024 by Max Tamin BlogsLeave a Comment

KC28 and KC29 Issued After Marriage Counselling with the JPN by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

If you are reading this article right now, you may be aware that you are required to attend the marriage counselling with the Jabatan Pendaftaran Negara (JPN) Malaysia before you can file a single petition for divorce in Malaysia as a non-Muslim.

So, you may be asking what is the aim of the marriage counselling with the JPN?

Basically, the aim of the marriage counselling required under the law is to reconcile both the husband and wife in the event if the divorce is not agreed by either one of them. In the event if the divorce is mutually agreed by both the husband and wife, there is no need to attend the said counselling under the law where both parties may file the divorce petition directly.

During the counselling sessions, the marriage tribunal of the JPN will assist to resolve the conflicts and propose solutions to the parties in hope to save the marriage. There will be 3 sessions usually conducted by the marriage tribunal and the sessions must be completed within 6 months from the date of registration for the counselling.

After the completion of the marriage counselling sessions, the JPN will issue either one of the certificates known as KC28 or KC29. So, what is the difference?

What is KC28

KC28 will be issued after the counselling sessions are completed and parties are able to resolve their conflicts and decided to get back together to save their marriage. Hence, there is no further action needed.

Furthermore, KC28 will also be issued if either one of the parties doesn’t attend the counselling sessions and the marriage tribunal will issue the KC28 to indicate the absence of one party from the counselling. Take note that the applicant must go through all sessions even if his or her spouse doesn’t attend the counselling for whatever reason. KC28 is still required to initiate the divorce proceedings.

What is KC29

KC29 will be issued after the counselling sessions are completed and parties are unable to resolve their conflicts and indifferences. In this case, the marriage tribunal will recommend parties to seek for a divorce if the marriage has irretrievably broken down. This document will be required before one can start to file a single petition for divorce in Malaysia.

What is next?

If you have obtained either the KC28 or KC29 from the JPN and decided to get a divorce, you may want to seek for advice from our divorce lawyer in order to find our what is the best way to move forward with the divorce process and know your rights better.

On the other hand, if you have yet to attend the marriage counselling with the JPN, there are also instances where you may apply to seek for an exemption from the marriage counselling if you can prove any of the grounds below:

You have been deserted and the whereabout of your spouse is unknown
Your spouse is in overseas and will not return to Malaysia within the next 6 months after the divorce is filed
Your spouse wilfully and intentionally ignored the marriage counselling (must provide KC28 to prove this)
Your spouse is imprisoned for more than 5 years
Your spouse has incurable mental illness
You can prove that there are exceptional circumstances and going to the marriage counselling is impractical

Regardless of what is your situation, it is best to seek advice from our divorce lawyer now so you can know what is the best option to move forward in order to save more time and cost in filing for a divorce in Malaysia.

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生病需要找医生，离婚需要找律师

July 19, 2024July 19, 2024 by Max Tamin BlogsLeave a Comment

离婚需要找律师吗 by TYH & Co. Trusted Divorce Lawyer in Malaysia

世俗总是教育我们要相信细水长流，从一而终的爱。但现实中，人生怎么永如初见，太多的诱惑，太多的误解，太多的分歧，太多的背叛，太多的绝望等; 很多人保存了回忆，但都保持不了爱情。

当婚姻走到了尽头，离婚无可避免的时候，找个恰当的律师有助于保障您的权益，减少您的烦恼，犹如黑暗中的一盏明灯。

首先，如果双方能够就孩子的抚养权，探望权，孩子的抚养费，另一半的赡养费，婚姻共同财产的分配达成一致的协议，那双方可以委任同一律师代表处理协议离婚的申请。当然，双方协议离婚里，夫妻也可以有各自个别的代表律师。一般上的协议离婚，聘用一样的代表律师会较为省钱。

另外，单方面申请离婚的情况下，夫妻就得委任各自的代表律师，以避免利益冲突，以及最大化自己的权利。离婚的案件和官司各有各别，有经验的律师可以给予合适的意见和方法，让您少走冤枉路。

有时候想想，离婚不是为了争一口气，非得搞得你死我活。尤其是有孩子的，处理孩子抚养权的时候，自私的父母都会把孩子当成了筹码，犹如两个大象在打架，最后死了大象上的骑士 (小孩)。因此，铁定了离婚但达不成离婚条件共识的时候，双方也可以考虑由律师或调解员主持，大家再一起坐下来谈谈尝试调解。有效的调解会议 (mediation) 可以避免耗时耗钱耗力的打官司。

接着，在国外完成了离婚手续，外国的离婚证 / 离婚庭令是不会自动在马来西亚生效的。您需要委任马来西亚的律师向马来西亚的法庭申请认证庭令 (Declaration Order)。有了此认证庭令后，您 / 您律师才可以通知国民登记局以更新您的婚姻状态。

婚姻不仅仅是一张纸无形地束缚两个人，这个结往往牵涉了种种的关系，责任，意义，回忆，经历，情感等。婚姻不儿戏，离了婚，您还得对孩子负责; 也许您还得对另一半负责; 您还得分配清楚共同财产的规划。因此，恰当的律师会是您走出婚姻的导航人。

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我得如何离婚

July 18, 2024July 18, 2024 by Max Tamin BlogsLeave a Comment

我得如何离婚在马来西亚 by TYH & Co. Trusted Divorce Lawyer in Malaysia

人生有时会到分叉口的时候，婚姻也一样。再恩爱的夫妻都可能有过100次离婚的冲动，能够挽留的，能够坚持的当然最好。但一段婚姻若已经穷途末路，被家暴的，被背叛的，彼此消耗的; 这些受害者可得想一想，我们从小至今，放弃过多少东西，放弃了，我们轻松了; 放下了，我们自在了; 不要了，我们心里安定了。

当然，铁定了要离婚的有时候还是会觉得无助，因为他们认为婚姻复杂，离婚也许更复杂。但若参透了以下的程序资料，也许您就会有了些眉目。

1) 若要在马来西亚离婚，一就是双方协议申请离婚，二就是单方面申请离婚，没有所谓的分居2年后会自动离婚的东西。

2) 双方协议离婚，顾名思义，双方必须就离婚与否，离婚的条件达成共识。若协议达不成，单方面申请离婚也是剩下的唯一选择。

3) 开启单方面申请离婚前，双方得先经过婚姻辅导。婚姻辅导的目的就是给双方机会谈谈并了解这段婚姻是否已经走到了陌路。有特殊情况的，例如另一半跑了路的失联多年的，可以尝试向法庭申请豁免婚姻辅导，但这项申请全权取决于法官的决定。另外，双方协议申请离婚的，就可以省略这些婚姻辅导。

4) 接下来，单方面申请离婚的，必须提出以下至少一项的离婚原因:

另一半有了外遇，
另一半有着不合理的行为，而这行为也导致了申请者无法容忍与之继续共处，
被另一半抛弃了至少有连续两年，
夫妻分居了至少有连续两年。

5) 接着就是委任对的律师。协议离婚的话，律师通常会草拟协议书等文件给双方签名。单方面申请离婚的，代表律师只会安排给申请者签署文件。

6) 签了文件，律师会呈交给法庭，而律师也会告知何时需要上庭。双方协议离婚一般需要3到6个月完成手续; 而单方面申请离婚通常需要6个月到1年完成手续。这也只是个大概，时间将取决于各个案件的复杂性，法庭的空档与安排，还有代表律师的效率等等。

7) 法庭批准了离婚，法律下有规定过了三(3)个月的 “过冷河期”后，离婚才会正式生效。若有特殊理由，双方也可以尝试向法庭申请减短这三(3)个月的过冷河期。

8) 离婚生效后，在律师拿到了法庭的庭令等文件后，通常就会通知国民登记局，好让登记局更新婚姻状态。

合适的婚姻当然好，但失败的婚姻就像一双不合适的鞋。如果您穿上了这”一双不合适的鞋”无法前进，又不懂如何去之，欢迎与我们联系谈谈。

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如何在马来西亚以最省钱省时的方式离婚

July 17, 2024July 17, 2024 by Max Tamin BlogsLeave a Comment

如何在马来西亚以最省钱省时的方式离婚 by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

也许您有听说过非穆士林要在马来西亚离婚很贵; 又或许您有听说过非穆士林要在马来西亚离婚得等上好一段时间，还有些会说马来西亚的离婚程序挺复杂。

以上的传说并非事实的全部。其实，非穆士林也可以在马来西亚以最省钱省时的方式办妥离婚。

只要双方可以达成离婚的协议，双方协议申请离婚并不复杂。双方得在以下的重点达成共识:

孩子的抚养权，
孩子的抚养费，
另一半的赡养费，和
婚姻财产的分配。

有了共识和协议后，委任律师把双方的协议草拟出来。接下来，律师也会安排双方在宣誓官的见证下签名。

双方签了名之后，律师会把签署好的文件呈交给法庭。法庭接着安排好了日期和时间，双方就在代表律师的陪同下，出席法庭聆听。

通常，双方协议离婚的申请，法庭不会问过于复杂的问题，通常代表律师都会代之回答。若协议文件草拟得恰当，一切合情合理合法; 自然地，法庭也会批准离婚。法律下规定过了三(3)个月的 “过冷河期”后，离婚才会正式生效。若有特殊理由，双方也可以尝试向法庭申请减短这三(3)个月的过冷河期。

还有，温馨提醒，婚姻注册满了两(2)年才可以向法庭提出离婚申请。此外，协议离婚不需要经过婚姻辅导; 但若离婚协议达不成，申请者需完成了婚姻辅导后，方可开启单方面申请离婚。

如果您的婚姻已经到了体无完肤，无法挽留的状况，双方协议离婚会是您较为省钱省时甚至省力的选择。

或许您已经无法再与另一半沟通，您可以考虑通过律师谈判，尝试由律师先跟对方沟通，再看能不能够达成离婚的协议。

立即通过 WhatsApp 获得我们马来西亚离婚律师的免费法律建议和报价

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非穆士林在马来西亚的离婚程序与相关资料

July 17, 2024July 17, 2024 by Max Tamin BlogsLeave a Comment

非穆士林在马来西亚的离婚程序与相关资料 by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

您也在婚姻中遇到了瓶颈或困难吗？如果您是非穆士林，也考虑在马来西亚申请离婚的话，那您需要先了解以下的离婚程序和相关资料:

1) 婚姻注册需满两(2)年。若您的婚姻未满两(2)年，也许可以向法庭申请豁免这两(2)年的条件 (但需符合条规)。

2) 在马来西亚，如果双方能够达成离婚协议，那就申请双方协议离婚。若双方不能够达成离婚协议，单方面申请离婚就避免不了。当然，协议离婚会比单方面申请离婚省钱省时。

3) 离婚要谈的条件也许复杂，但法庭最主要考量的会是孩子的抚养权，孩子的抚养费，另一半的赡养费以及婚姻财产的分配。

4) 依据马来西亚的法律，法庭通常会把七(7)岁以下孩童的抚养权判给母亲。若情况特殊，例如母亲有毒瘾或母亲有虐待孩子的倾向，法庭也有可能把孩子的抚养权判给父亲。

5) 抚养费赡养费的数额通常取决于付费人的经济能力 (affordability) 还有孩子或另一半的所需 (needs)。

6) 婚姻财产分配通常会是较为复杂的环节。法庭会考量各种的因素，但最重要的取决于双方各自的贡献。贡献可以是金钱上的付出 (例如谁负责还贷款)，或者在时间或家庭方面的付出 (例如妻子为了孩子和家庭放弃了事业，扛起了全职妈妈的摊儿，法庭也会考量这方面的贡献)。

7) 接下来，法庭通常都会批准没有孩子抚养权的一方探望孩子，因为看父母是孩子们的基本权利。

8) 关于双方协议离婚，法庭通过不会过问离婚的原因。但至于单方面申请离婚，申请者就得向法庭呈解离婚的缘由。

9) 刚才提到的，双方协议离婚会比单方面申请离婚来得省钱省时。

10) 双方协议离婚，通常双方只需要出席文件签名一次，接下来上法庭一次。

11) 至于单方面申请离婚，申请者通常都需要签文件多过一次，上庭多过一次。单方面申请离婚不易，通常双方在无法达成离婚协议无法沟通的情况下，或另一半跑路了联络不上了的情况下，才会选择开启单方面申请离婚。

12) 开始单方面离婚申请前，双方需要先出席婚姻辅导。双方协议离婚就不需要先经过婚姻辅导。

离婚通常都不容易，以上的资料也仅供于参考。若需要更详细的咨询，建议询问专业的家务律师。有经验的律师也许能够保障及最大化您的利益。

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How Much Does It Cost to Get a Divorce in Malaysia?

July 14, 2024July 14, 2024 by Max Tamin BlogsLeave a Comment

How Much Does It Cost to Get a Divorce in Malaysia by TYH & Co. Trusted Divorce Lawyer in Malaysia

Getting a divorce for non-Muslim may seems to be an expensive affair in Malaysia. At least that is what you heard from your friends or family. So, how much does it cost to get a divorce in Malaysia? More importantly, what is the more affordable option available to get a divorce in Malaysia?

Basically, there are 2 ways to get a divorce in Malaysia for non-Muslim. They are known as joint petition (mutual divorce) & single petition (non-mutual divorce). Generally speaking, getting a divorce by way of joint petition is much cheaper and more affordable compared to getting a divorce by way of single petition.

What is Joint Petition & Single Petition

So, why is it cheaper to file for joint petition for divorce than filing for a single petition for divorce?

This is because for joint petition, both the husband and wife must consent to the divorce and agree to all the divorce terms including issues on custody of children (if any), maintenance of wife & children (if any) and division of the matrimonial assets.

The process to get a divorce by way of joint petition is pretty direct and straightforward as long as the divorce terms are voluntarily agreed upon.

On the other hand, to get a divorce by way of single petition, it will usually incur more cost due to the complexity of the process since there is no agreement in the first place.

In fact, if the single petition turns out to be contested (disputed), this will incur more cost since the case will be heading for trials in the court and there will be plenty of documents to be prepared by the divorce lawyer as well as court appearances.

Lastly, it is also important to note that some lawyers may charge disbursements and other miscellaneous cost separately. Therefore, it is important to ensure that you seek for full transparency on the legal fees involved for the divorce.

Conclusion

Getting a divorce may not be an easy decision. That is why it is best to ensure that your rights are well protected. It is also advisable to first seek for divorce settlement first in order to achieve an agreement between parties to save time and cost for divorce in Malaysia rather than spending unnecessary money fighting in the court.

At TYH & Co., our law firm is committed to provide affordable and fixed legal fees with no hidden charges. We also offer free initial legal consultation via WhatsApp as well as instalment plan.

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How To Get a Divorce Affordably in Malaysia

July 13, 2024July 14, 2024 by Max Tamin BlogsLeave a Comment

How To Get a Divorce Affordably in Malaysia by TYH & Co. Trusted Divorce Lawyer Malaysia

You may have heard that getting a divorce is expensive in Malaysia as a non-Muslim. That may stop you from thinking about it or even stop you from taking an action even if you are determined that the relationship has comes to an end with no chance of reconciliation. So, how to get a divorce affordably in Malaysia? Is it possible?

The short answer is, yes.

So, what can you do to get a divorce without breaking the bank?

The answer is to reach a mutual agreement or divorce settlement with your spouse before you file for a joint petition for divorce in Malaysia.

In essence, before you file for a divorce petition in Malaysia, both parties must come to an agreement on all the divorce terms such as custody of children (if any), maintenance of wife and children, and division of the assets (if any).

Process of Mutual Divorce in Malaysia

The process of filing a joint petition is fairly direct and straightforward.

Firstly, you need to engage a divorce lawyer to prepare all the necessary divorce papers and sign them.

Then, your divorce lawyer will file the divorce papers to the court and both the husband and wife must attend the court hearing in the court (or online via Zoom usually) at a later date.

After the court hearing is done and assuming that the court is satisfied that both parties consented to the divorce, the divorce process is considered done and the divorce certificate will be issued 3 months later after the court hearing under the law.

In addition, do take note that the marriage must be registered for more than 2 years and there is no need to attend any marriage counselling with the Jabatan Pendaftaran Negara (JPN) as long as the divorce terms are agreed upon.

Summary

In conclusion, getting a divorce is possible without breaking the bank as long as the divorce terms are agreed upon voluntarily.

In the event if no agreement is reached on any term, our divorce lawyer may assist to liaise and negotiate the terms for both parties to reach a settlement in order to save time and cost for the divorce.

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Joint Petition for Divorce for Non-Muslims

Process of Joint Petition for Divorce in Malaysia

Divorce Hearing (Court Hearing)

Post Divorce Hearing

Joint Petition or Single Petition for Divorce in Malaysia

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You can only file a joint petition or single petition for divorce in Malaysia

Divorce application must be made to the Court in Malaysia

Filing a joint petition is much cheaper (and faster) compared to filing a single petition for divorce

You don’t need a reason to file a divorce in Malaysia if the divorce is mutual (Joint petition)

You need a reason to file a divorce in Malaysia if the divorce is not mutual (Single petition)

You need to attend the marriage counselling with the JPN if the divorce is not mutual (Single petition)

You must attend the divorce hearing in the Court physically (or online)

Divorce certificate will be issued 3 months after the divorce hearing

Your divorce process will be completed once the JPN is updated

Divorce is not about winning

Conclusion

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How to Find the Best Divorce Lawyer in Malaysia