Divorce Procedures In Malaysia
For mutual divorce procedures in Malaysia (or commonly known as joint petition divorce):
- Send your documents (marriage certificate (marriage must be more than 2 years), birth certificates of children (if any) and SPA/Title of property acquired during the subsistence of the marriage (if any) to us.)
- Send us the agreed terms between you and your spouse particularly on custody, maintenance of a spouse, maintenance of children and property division.
- Our divorce lawyer will prepare the draft of an agreement to be confirmed by both of you before fixing a date to sign the documents.
- After signing, our divorce lawyer will file to the High Court of Malaya and the High Court will fix a date of hearing in which both parties must attend the hearing (either party may be exempted with good and valid reason).
- On the hearing date, our divorce lawyer will present on your behalf and if the High Court is satisfied with the terms agreed, the High Court will pronounce / grant decree nisi (provisional order) before it is absolute (finalized) 3 months later.
For non-mutual divorce procedures in Malaysia (or commonly known as single petition divorce):
- Firstly, you will need to attend 3 sessions of marriage counselling with Jabatan Pendaftaran Negara and they will issue a letter after the said sessions. (Note: You may skip this step with good reason. Talk to our divorce lawyer today).
- Then, you will be able to file for a single petition divorce to the High Court by requesting the terms that you wish for through your divorce lawyer.
- The High Court will determine if the terms/divorce are disputed/contested or not.
- If it is not disputed/contested, the High Court will fix a date of hearing of the divorce petition. If it is disputed, parties are allowed to exchange replies to each other on the facts/terms for the divorce before the High Court fix a date for hearing/trial.
- On the date of hearing/trial for divorce, the High Court will determine the issues that arise and will make decisions accordingly to ensure fairness to both parties.
To find out more:
Talk to us today and let us guide you through the hassle!