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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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Resolving Divorce Terms for Non-Muslim in Malaysia: Mediation is Key

November 6, 2023November 6, 2023 by Max Tamin BlogsLeave a Comment

Resolving Divorce Terms for Non-Muslim in Malaysia Mediation is Key by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a very difficult process and it can be even more challenging if you and your spouse cannot agree on the terms of your divorce.

In Malaysia, there are a few different options available to couples who are going through a divorce, including mediation.

If you and your spouse cannot agree on the terms of your divorce, you may be able to resolve your dispute through mediation. Mediation is a process in which a neutral third party, known as a mediator/lawyer or a neutral third party, helps couples to communicate and negotiate their divorce settlement. The mediator does not make decisions for the couple, but instead helps them to identify their interests and develop mutually agreeable solutions.

Benefits of Mediation for Divorce in Malaysia:

Here are some of the benefits of mediation for non Muslim who are going through a divorce:

Mediation can help couples to save time and money. A mediated divorce is typically much faster and less expensive than a litigated divorce.
Mediation can help couples to maintain a civil relationship. Mediation can help couples to focus on their shared interests and goals, and to develop a parenting plan that is in the best interests of their children.
Mediation can help couples to reach mutually agreeable solutions. The mediator does not make decisions for the couple, but instead helps them to identify their interests and develop mutually agreeable solutions.
Mediation can help couples to avoid the stress and trauma of going to court. Court can be a very stressful and expensive experience, and mediation can help couples to avoid this altogether.

If you and your spouse are considering divorce, and you are unable to agree on the terms of your divorce, mediation may be a good option for you. Mediation can help you to save time and money, maintain a civil relationship, and reach mutually agreeable solutions.

In order for parties to benefit from mediation, it is important to note that the focus is to create a win-win situation and parties must be ready to compromise in order to achieve its purpose.

In practice, it is a norm for the court to direct parties to resolve their indifferences through mediation in order to save time and cost for parties. Furthermore, this is also encouraged to ensure parties to have more ‘control’ in the outcome rather than leaving it entirely to the court to decide.

Overall, mediation is a valuable tool for couples who are going through a divorce. Mediation can help couples to save time and money, maintain a civil relationship, and reach mutually agreeable solutions. If you are considering divorce, and you are unable to agree on the terms of your divorce, mediation may be a good option for you.

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Divorce Process in Malaysia for Non-Muslims: A Step-by-Step Guide

July 18, 2023 by Max Tamin BlogsLeave a Comment

Divorce Process in Malaysia for Non-Muslims A Step-by-Step Guide by TYH & Co. Divorce Lawyer Malaysia

Divorce as a non Muslim in Malaysia is a difficult process. The laws governing divorce in Malaysia are complex, and the process can be lengthy and expensive. However, there are steps you can take to make the process go more smoothly.

In this guide, we will walk you through the step-by-step process of getting a divorce in Malaysia as a non-Muslim. We will cover everything from consulting a lawyer to finalizing the divorce decree in Malaysia.

Consulting a Lawyer

The first step in the divorce process is to consult with a lawyer. A lawyer can help you understand your legal rights and options, and they can represent you in court if necessary.

When choosing a lawyer, it is important to find one who is familiar with the laws governing divorce in Malaysia. You should also ask about the lawyer’s fees and his or her expertise.

Filing a Divorce Petition

Once you have consulted with a lawyer, they will file a divorce petition on your behalf. The divorce petition will set out the grounds for your divorce and your requests for child custody, maintenance, and property division. Alternatively, it may be a joint petition if both parties agree to the divorce terms.

The court will then set a hearing date for your case. You and your spouse will need to attend the hearing, and the judge will decide whether to grant your divorce.

During the hearing of your divorce proceeding, the court will decide the following terms:

Child Custody

If you have children, the court will also need to decide who will have custody of the children. The court will consider a number of factors when making this decision, including the wishes of the children, the parents’ ability to care for the children, and the children’s best interests.

Maintenance of Spouse & Children

If one spouse is unable to support themselves financially, the court may order the other spouse to pay maintenance. The amount of maintenance will be determined by the court, and it will be based on a number of factors, including the spouses’ incomes and expenses.

Property Division

The court will also need to divide the property that was acquired during the marriage based on what is fair and just in accordance to the divorce law in Malaysia.

Decree Nisi

If the judge grants your divorce after the terms are decided, they will issue a decree nisi. The decree nisi is a temporary order that dissolves your marriage. However, the decree nisi is not final. You will need to wait three months before the decree nisi becomes a final decree (or absolute) under the divorce law in Malaysia.

Decree Absolute

After three months, the decree nisi will become a final decree. This means that your marriage will be legally dissolved, and you will be free to remarry.

Conclusion

The divorce process in Malaysia can be complex and challenging, but it is important to remember that you have rights. By consulting with a lawyer and following the steps outlined in this guide, you can make the process go more smoothly.

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