A Simple Guide to Divorce in Malaysia

A Simple Guide to Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Facing the end of a marriage can be emotionally and legally complex. This is especially true in Malaysia, where the process of divorce has its own specific procedures and regulations. This guide aims to simplify the divorce process in Malaysia, providing you with a clear understanding of the steps involved, your rights and responsibilities.

Grounds for Divorce

In Malaysia, there are 2 main ways to obtain a divorce:

  • Mutual Consent: This is the fastest and most straightforward option. Both spouses must agree to end the marriage and have reached a settlement on all matters related to child custody, property division, and financial support. No reason for divorce is needed if the divorce is mutual.
  • Irretrievable Breakdown of Marriage: If mutual consent is not possible, you can file for divorce based on grounds that prove the marriage has broken down irretrievably. These grounds include:
    • Adultery
    • Unreasonable behaviour
    • Deserted for more than 2 years
    • Live in separation for more than 2 years

Steps in the Divorce Process

  • Consult a Lawyer: Engaging a qualified divorce lawyer is crucial. They can guide you through the legal complexities, ensure your rights are protected, and represent you in court.
  • Attend Counselling (only if the divorce is not mutual): This requirement under the law can help explore reconciliation possibilities and prepare you for the emotional impact of divorce.
  • File a Divorce Petition: Your divorce lawyer will draft and file a petition for divorce with the Court. This document outlines the grounds for divorce, proposed settlements for child custody, property division, and financial support.
  • Court Hearing: The court will hear both sides of the case and assess the evidence presented. If the court is satisfied with the grounds for divorce and the proposed settlement is fair, a decree nisi will be granted.
  • Decree Nisi: This is an interim order that allows reconciliation that lasts 3 months. After 3 months, the decree nisi becomes absolute, finalizing the divorce.
  • Update of Divorce Status: Your divorce lawyer will update Jabatan Pendaftaran Negara (JPN) Malaysia on your divorce status.

Additional Considerations

  • Child Custody: If you have children, reaching an amicable agreement on their custody is essential. The court will prioritize the best interests of the child when making a custody decision.
  • Property Division: Assets and liabilities acquired during the marriage will be divided fairly between the spouses. This may involve negotiations, mediation, or court orders.
  • Financial Support: One spouse may be entitled to financial support from the other, depending on their income and needs under the law in Malaysia.

By understanding the legal process and seeking professional legal guidance, you can navigate this challenging time with confidence and focus on rebuilding your life. Remember, you are not alone in this journey.

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Exploring Divorce in Malaysia: A Guide to Joint and Single Petitions

Exploring Divorce in Malaysia A Guide to Joint and Single Petitions for Non-Muslims by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

Divorce can be a difficult decision and the legal process can be complex process for for non-Muslims in Malaysia.

Understanding the differences between a joint petition and a single petition can ease the process and help you choose the best option for your situation.

When to Choose a Joint Petition:

A joint petition is a faster and less expensive option when both spouses mutually agree to the divorce and all its terms. This includes:

  • Custody and visitation arrangements for children: This includes who will have physical custody of the children and how the other parent will maintain contact with them.
  • Division of matrimonial assets: This refers to the fair distribution of all assets acquired during the marriage, including property, investments, and debts.
  • Maintenance for spouse and children: This involves financial support for the spouse who needs it and for any children of the marriage.

Benefits of Joint Petition:

  • Faster divorce process: With both parties in agreement, the court proceedings are generally smoother and quicker, often concluding within a few months.
  • Reduced cost: Legal fees and court costs are lower compared to a single petition due to the simpler proceedings.
  • Reduced stress and conflict: Agreeing beforehand minimizes the emotional strain and potential conflict during the divorce process.
  • Avoiding mandatory counselling: Unlike single petitions, couples opting for joint petitions are exempt from attending mandatory counselling sessions at the National Registration Department (JPN).

Procedure for Joint Petition:

  1. Consult a lawyer: Both spouses may appoint 1 lawyer jointly or consult with separate lawyers to ensure their individual rights are protected and to receive legal advice.
  2. Negotiate terms: Agreement must be reached on all aspects of the divorce, including child custody, asset division, and maintenance.
  3. Prepare petition: Lawyers will prepare a joint petition outlining the agreed terms and submit it to the Court in Malaysia.
  4. Court hearing: Both spouses need to attend a court hearing, where the judge will review the petition and ensure it complies with legal requirements.
  5. Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
  6. Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

When to Choose a Single Petition:

A single petition is necessary when:

  • One spouse does not agree to the divorce.
  • There is disagreement on any of the terms of the divorce.
  • You have attempted reconciliation but it failed.
  • Your spouse deserted you and cannot be located/found.

Procedure for Single Petition:

  1. Consult a lawyer: Discuss your situation with a lawyer who will advise you on the legal grounds for divorce and the available options.
  2. Refer to Marriage Tribunal: You must first attend counselling sessions at the JPN’s Marriage Tribunal in an attempt to reconcile under the law.
  3. Obtain certificate: If reconciliation fails, the Marriage Tribunal will issue a certificate, which is mandatory for filing a single petition.
  4. File petition: The lawyer will file a single petition in the High Court, outlining the grounds for divorce and the requested terms.
  5. Court hearing: Both spouses need to attend court hearings, where evidence is presented and arguments are heard.
  6. Judge’s decision: The judge will decide whether to grant the divorce and may modify any of the proposed terms after hearing from both parties.
  7. Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
  8. Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

Benefits of Single Petition:

  • No need for consent of both parties: You can still file for a divorce even if your spouse doesn’t agree to the divorce or cannot be found.
  • Protects your rights: Filing a single petition ensures that your legal rights are protected even when your spouse disagrees.
  • Addresses specific issues: The single petition allows you to present your specific concerns and seek a favorable judgment.
  • Provides legal recourse: If your spouse refuses to cooperate, the court can enforce its orders and ensure a fair outcome.

Which one should I choose?

The best option for you will depend on your specific circumstances and the level of agreement you have with your spouse. Consider consulting with a divorce lawyer to understand the legal implications of each option and make an informed decision.

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How to Get a Divorce in Malaysia If You Are Overseas

How to Get a Divorce in Malaysia If You Are Overseas by TYH & Co. Trusted Divorce Lawyer in Malaysia

Getting a divorce in Malaysia can be a complex process for non-Muslims, especially if you are overseas. However, it is possible to get a divorce in Malaysia even if you are not living in the country. So what you should do if you wish to move on and get a divorce in Malaysia?

Appointing a Lawyer in Malaysia

The first step in getting a divorce in Malaysia is to appoint a divorce lawyer. Once you have found a divorce lawyer, your divorce lawyer will be able advice & act on your behalf accordingly.

Filing for Divorce

Before your divorce lawyer proceed to file for a divorce, it is essential to determine whether if the petition will be file jointly or unilaterally.

In short, are both parties ready to proceed with the divorce or not? If yes, the divorce lawyer will proceed to prepare for a joint petition. This process will be relatively simpler and cheaper.

On the other hand, if the divorce is not mutual, your divorce lawyer will proceed to prepare for a single petition. This process will take a longer time and there is also a need to go through multiple case management dates fixed by the court where your divorce lawyer will be able to represent you in the court accordingly.

Divorce Hearing

For joint petition, both parties are required to attend the divorce hearing fixed by the court. In the event if any party is not in Malaysia, your divorce lawyer may apply for exemption from the divorce hearing with valid reason. Alternatively, your divorce lawyer may also apply to the court to proceed with the divorce hearing online (commonly via Zoom or video conference). Take note that the court shall have full discretion on this.

For single petition, depending on the circumstances of the case, the court may also proceed with the hearing to be done online. The respondent may not be required to be present as long as the documents are properly sent to him or her and the court is satisfied that the respondent is well informed.

Getting Your Divorce Certificate

Once the court has granted you a divorce, your divorce lawyer will be able to obtain your divorce certificate for you. You can then proceed to update your divorce status with the Jabatan Pendaftaran Negara (JPN) Malaysia accordingly.

In conclusion, if one is currently residing overseas, he or she can appoint a divorce lawyer in Malaysia to start the divorce process and your divorce lawyer should be able to advice you on the process and act on your behalf.

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Why Getting a Divorce is Not the End

Why Getting a Divorce is Not the End by TYH & Co. Trusted Divorce Lawyer Malaysia

Divorce is often seen as a negative event especially in Malaysia for non-Muslims, but it can also have many benefits. While divorce can be a difficult and emotional process, it can also lead to a happier and more fulfilling life. Here are some of the benefits if you decide to move on to the next chapter of your life.

Improved mental and emotional health

One of the biggest benefits of divorce is that it can improve your mental and emotional health. If you are in a toxic or abusive marriage, divorce can allow you to escape from a harmful situation and start fresh. Divorce can also help to improve your self-esteem and confidence, as you will no longer be in a relationship that is making you feel bad about yourself.

Better relationships with your children

Divorce can also have a positive impact on your relationship with your children. If you are in a difficult marriage, your children may be picking up on the stress and tension. Divorce can create a more peaceful and stable environment for your children to grow up in. It can also allow you to focus on your relationship with your children and give them the time and attention they need.

More independence and freedom

Divorce can also give you more independence and freedom. You will no longer be bound by the expectations and demands of your spouse. You will be free to make your own decisions about your life and pursue your own goals.

A chance to start over

Divorce can also be a chance to start over. You can reinvent yourself and create the life you want to live. You can meet new people, pursue new interests, and travel the world. Divorce can be a new beginning and a chance to live your best life.

Conclusion

Divorce can be a difficult and emotional process, but it can also have many benefits. If you are in a toxic or abusive marriage, divorce can allow you to escape from a harmful situation and start fresh. Divorce can also improve your mental and emotional health, your relationships with your children, and your financial stability. It can give you more independence and freedom, and it can be a chance to start over and live your best life.

Here are some additional tips for getting a divorce in Malaysia:

  • Find a good divorce lawyer in Malaysia. A good divorce lawyer can help you to understand the law and your rights, and they can represent you in court.
  • Be prepared to negotiate. Divorce is often a negotiation process, so it is important to be prepared to compromise.
  • Be patient. Divorce can take time, so it is important to be patient and to stay focused on your goals.

Remember, you are not alone. 

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

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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How to Move On After Divorce

How to Move On After Divorce by TYH & Co. Divorce Lawyer Malaysia

Divorce is a life-changing event that can be incredibly difficult to cope with. It can be a time of great sadness, anger, and confusion. It’s also a time of major adjustment, as you have to learn to live a new life without your spouse.

If you’re going through a divorce, it’s important to know that you’re not alone. Millions of people go through divorce every year, and there are many resources available to help you through this difficult time.

Here are some tips on how to move on after divorce:

1. Allow yourself to grieve.

Divorce is a loss, and it’s important to allow yourself to grieve the end of your marriage. This means giving yourself time to feel your emotions, whether they’re sadness, anger, confusion, or anything else.

Don’t try to bottle up your emotions or pretend that you’re okay when you’re not. It’s important to let yourself feel what you’re feeling in order to heal.

2. Talk to someone you trust.

Talking to someone you trust about what you’re going through can be very helpful. This could be a friend, family member, therapist, or anyone else you feel comfortable talking to.

Talking about your feelings can help you to understand and process them. It can also help you to feel less alone and more supported.

3. Take care of yourself.

During a divorce, it’s more important than ever to take care of yourself. This means eating healthy, getting enough sleep, and exercising regularly. It’s also important to do things that you enjoy and that make you feel good.

Taking care of yourself will help you to stay physically and emotionally healthy during this difficult time.

4. Create a new routine.

Divorce can disrupt your routine, both big and small. From where you live to what you eat for dinner, things may look different now.

Creating a new routine can help you to feel more in control of your life. It can also help you to start to move on from your past.

5. Surround yourself with positive people.

The people you spend time with can have a big impact on your mood and well-being. Make sure to surround yourself with positive people who support you and make you feel good.

Avoid people who are negative or who bring you down.

6. Don’t rush into anything new.

After a divorce, it’s important to give yourself time to heal before you start dating or making any other major life changes.

Rushing into something new can lead to problems later on. It’s important to be patient and give yourself time to figure out what you want next.

7. Be kind to yourself.

Divorce is a difficult experience, and it’s important to be kind to yourself during this time. Don’t beat yourself up for your mistakes or for feeling sad or angry.

Remember that you’re human, and that everyone makes mistakes. Just focus on taking care of yourself and moving on in a healthy way.

Here are some additional tips that may help you to move on after divorce:

  • Focus on your children. If you have children, focusing on their needs can help you to get through this difficult time.
  • Make new friends. Getting involved in new activities is a great way to meet new people and make new friends.
  • Don’t compare yourself to others. Everyone’s experience with divorce is different. Don’t compare yourself to others or try to keep up with their timelines.
  • Forgive yourself and your ex-spouse. Holding on to anger and resentment will only hurt you. Forgiveness is a gift that you give yourself.
  • Seek professional help if needed. If you’re struggling to cope with your divorce, don’t be afraid to seek professional help. A therapist can provide you with support and guidance as you heal.

Remember, you are not alone. Millions of people go through divorce every year, and there is help available. Take care of yourself and focus on moving on in a healthy way. If you are going through this rough stage of life right now, do seek help from a divorce lawyer to ensure that your rights are protected (for non-Muslims in Malaysia).

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5 Common Divorce Mistakes to Avoid in Malaysia for Non-Muslims

5 Common Divorce Mistakes to Avoid in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult and emotional experience for everyone involved. It is important to make sure that you are taking the right steps to protect your interests and avoid making any common mistakes.

In this article, we will discuss 5 common divorce mistakes to avoid in Malaysia (for non-Muslims). By following these tips, you can make the divorce process easier and get the best possible outcome for yourself and your family.

Mistake 1: Not hiring a divorce lawyer

One of the most common mistakes people make when getting a divorce is not hiring a lawyer. A divorce lawyer can help you understand your rights and options, and they can represent you in court if necessary.

In Malaysia, divorce proceedings can be complex and time-consuming. Therefore it is important to have a lawyer who is experienced in divorce law.

Mistake 2: Not having a prenuptial agreement

A prenuptial agreement, also known as a prenup, is a contract that couples sign before they get married. It outlines how their assets and debts will be divided in the event of a divorce.

While prenups are not mandatory in Malaysia, they can be a valuable tool for protecting your assets and interests in the event of a divorce.

Mistake 3: Not understanding the financial implications of divorce

Divorce can have a significant financial impact on both parties. It is important to understand the financial implications of divorce before you make any decisions.

This includes understanding how your assets and debts will be divided, how child support and alimony are calculated.

Mistake 4: Not thinking about the children

If you have children, divorce can be especially difficult for them. It is important to put your children’s needs first and make sure that they are supported during this difficult time.

This means creating a parenting plan that outlines how you will share custody of your children, and it means communicating with your ex-spouse about your children’s needs.

Again, remember to put the needs of your children first.

Mistake 5: Not moving on

Once your divorce is finalized, it is important to move on with your life. This does not mean forgetting about your past, but it does mean accepting the new reality and looking forward to the future.

Here are some additional tips for avoiding common divorce mistakes:

  • Be honest with yourself and your ex-spouse. This means being honest about your needs and expectations, and it means being honest about the financial situation of the marriage.

  • Be willing to compromise. Divorce is a negotiation process, so it is important to be willing to compromise in order to reach a fair settlement.

  • Seek professional help. A divorce lawyer can help you understand your rights and options, and they can represent you in court if necessary. A therapist can help you cope with the emotional aspects of divorce.

Divorce is a major life change, but it is possible to move on and build a new life for yourself.

If you are considering divorce, it is important to seek professional help from a divorce lawyer. A lawyer can help you understand your rights and options, and they can represent you in court if necessary.

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Government Divorce Lawyer vs. Private Divorce Lawyer: How To Choose?

Government Divorce Lawyer vs. Private Divorce Lawyer How To Choose by TYH & Co. Divorce Lawyer Malaysia

If you are a non-Muslims and considering a divorce in Malaysia, you may be wondering whether to use a government divorce lawyer or a private divorce lawyer. There are several benefits to using a private divorce lawyer, especially for non-Muslim couples.

What is a Government Divorce Lawyer?

A government divorce lawyer is a lawyer under the Legal Aid Department of Malaysia (Jabatan Bantuan Guaman Malaysia). Generally, your income must be less than RM50,000 per year before you are entitled to get legal aid from the government.

This is a government department in Malaysia providing legal aid services only to eligible person under the Legal Aid Act 1971 and their fees are usually lower than the fees of private divorce lawyers. That said, you will also have to apply and go through an application process before you know if you are entitled get legal aid.

Government divorce lawyers may have a high caseload and may not be able to provide as much personalized attention to their clients as a private divorce lawyer can.

If your marriage is childless and no property is involved, it is best to get legal aid from the Legal Aid Department of Malaysia provided that you are eligible.

What is a Private Divorce Lawyer?

A private divorce lawyer is a lawyer who works for themselves and provides legal assistance to people who are getting a divorce. Private divorce lawyers typically charge slightly higher fees than government divorce lawyers, but they may be able to provide more personalized attention to their clients and may be able to handle more complex divorce cases for non-Muslims.

Benefits of Using a Private Divorce Lawyer

There are several benefits to using a private divorce lawyer, especially for non-Muslim couples.

  • Personalized attention: Private divorce lawyers typically have a lower caseload than government divorce lawyers, which means that they can provide more personalized attention to their clients. This is especially important for non-Muslim couples with children and matrimonial assets involved.
  • Ability to handle complex divorce cases: Private divorce lawyers are typically better equipped to handle complex divorce cases than government divorce lawyers. This is because private divorce lawyers have more experience handling complex divorce cases and have access to more resources.

Examples of Complex Divorce Cases

Complex divorce cases may involve the following:

  • Child custody: Child custody disputes can be very complex and time-consuming. A private divorce lawyer can help you to navigate the child custody process and protect your rights.
  • Division of matrimonial assets: Dividing assets in a divorce can be complex, especially if you have a high net worth or if you own businesses. A private divorce lawyer can help you to divide your assets fairly and equitably.
  • Spousal support: Spousal support can be a complex issue, especially if one spouse has a much higher earning potential than the other spouse. A private divorce lawyer can help you to negotiate a spousal support agreement that is fair and equitable.

How to Choose a Private Divorce Lawyer

When choosing a private divorce lawyer, it is important to consider the following factors:

  • Experience: Choose a divorce lawyer who has experience handling non-Muslims divorce cases in Malaysia.
  • Reputation: Choose a lawyer with a good reputation and good reviews (from online or offline)
  • Communication style: Choose a lawyer who communicates effectively and who you feel comfortable with.
  • Fees: Choose a lawyer whose fees are affordable. Be sure to ask about the lawyer’s fees upfront.

If you are considering a divorce in Malaysia, it is important to weigh the benefits of using a government divorce lawyer versus a private divorce lawyer. If you have children or matrimonial assets involved, it is generally recommended to use a private divorce lawyer to ensure that you get the personalized attention and quick response from your divorce lawyer.

If you are eligible for legal aid, we can provide you with legal services at a discounted legal fee.

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Essential Divorce Terms in Malaysia for Non-Muslims

Essential Divorce Terms in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce may be a taboo topic for some. However, it is inevitable if you think that getting a divorce may be the best option available rather than remaining in a troubled marriage.

Non-Muslim divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. Essentially, there are a number of different divorce terms that you may need to discuss with your spouse if you wish to get a divorce.

In this article, we will provide a comprehensive guide to the different divorce terms that you need to discuss if you are a non-Muslim contemplating to get a divorce in Malaysia.

Divorce Terms to Discuss

Here are some of the most important divorce terms that you need to discuss with your spouse:

  • Child custody: If you have children, you will need to decide who will have custody of them after the divorce. This can be a complex issue. Remember that it is very important to reach an agreement that is in the best interests of your children and not your personal interest.

  • Access and visitation rights: Generally, the non-custodial parent will be granted reasonable access and visitation rights. Parties can also come to an agreement on specific time and day of visit, rights to go on holiday with the children and even specific days of access during festivals or school holidays.
  • Child support: The non-custodial parent is typically required to pay child support to the custodial parent. The amount of child support is determined on a case-by-case basis, taking into account a number of factors, such as the income of both parents and the needs of the children.

  • Alimony/Spousal support: A husband is required to pay alimony to the wife under the law. The amount is based on the needs and means of parties. Do take note that the amount must be reasonable and spousal support will automatically cease under the law if the wife remarries or living in adultery with another man.

  • Division of property: The court will also divide the matrimonial property between the two spouses based on contribution of parties. It is important to note that the development of law has required that non-monetary contribution (such as cooking or taking care of the family) shall be treated as contribution as well.

  • Miscellaneous: Every divorce case is different and parties are free to agree on any other divorce terms or agreement between them, as long as it is fair and reasonable. However, the court may also inquire into the agreed terms to ensure fairness for both parties.

Tips for a Smooth Divorce

Here are some tips on how to make the divorce process as smooth and stress-free as possible:

  • Be honest and open with your spouse: It is important to be honest and open with your spouse about your reasons for wanting a divorce. This can help to reduce conflict and make the negotiation process easier.
  • Be willing to compromise: It is unlikely that you will get everything you want in a divorce. Be willing to compromise on some issues in order to reach an agreement that you can both live with.
  • Seek legal advice: It is important to seek legal advice from a divorce lawyer before finalizing your divorce. A divorce lawyer can help you to understand your rights and obligations during the process.

If you are a non-Muslim getting divorced in Malaysia, it is important to be aware of the different divorce terms that you need to discuss with your spouse. By being honest and open, willing to compromise, and seeking legal advice from a divorce lawyer, you can make the divorce process as smooth and stress-free as possible.

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What to Do If Your Spouse Won’t Agree to the Divorce?

What to Do If Your Spouse Won't Agree to the Divorce by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce in Malaysia as a non Muslim can be a complex and challenging process.

One of the most common challenges that couples face is when one spouse is unwilling to agree to the divorce or sign the divorce papers.

In such circumstances, what can you do if you insist to call if off?

If your spouse is not willing to agree to a divorce, there are a few things you can do.

  1. First, you should try to talk to your spouse about your reasons for wanting a divorce and see if you can come to an agreement. If you are unable to reach an agreement, your only option is to file for divorce in court by way of a single petition for divorce. In this case, you will need to provide reason for divorce.
  2. Next, you will need to attend for marriage counselling (preferably under the JPN) required under the law in Malaysia.
  3. File single petition for divorce in Malaysia and the court will decide accordingly based on the reasons provided and both parties will have the rights to be heard.

It is important to note that you do not need your spouse’s consent to file for divorce. You can file for divorce even if your spouse does not agree by way of single petition for divorce if you have valid ground to do so.

That said, this can be a long and exhausting process for some. That is why most of the time, it is best to seek for a divorce settlement between parties through a divorce lawyer.

There are many benefits to seeking a divorce settlement over going to court. Here are some of the most important benefits:

  • Speed: Mediation is a much faster way to get a divorce than going to court. The average divorce case takes over a year to resolve, while mediation can be completed in a matter of weeks or months.
  • Cost: Mediation is also much less expensive than going to court. The cost of mediation varies depending on the complexity of the case and the mediator’s fees, but it is typically much lower than the cost of hiring two lawyers and going to court.
  • Control: In mediation, the spouses have control over the outcome of their divorce. They can negotiate and agree on terms that work for both of them. In court, the judge will make the decisions about the divorce, and the spouses may not be happy with the outcome.

In addition to these benefits, seeking a divorce settlement can also help to reduce the stress and conflict associated with divorce. When the spouses are able to negotiate and agree on their own terms, they are more likely to be satisfied with the outcome of the divorce. This can lead to a smoother and more amicable divorce process.

If you are considering getting a divorce, it is important to talk to a divorce lawyer about the benefits of seeking a divorce settlement.

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