What Happens After Filing for Divorce in Malaysia?

What Happens After Filing for Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Introduction:

Divorce is a difficult process, both emotionally and legally. There are many steps involved, and it can be easy to get lost in the paperwork and procedures. One important concept to understand is the decree nisi.

What’s a Decree Nisi?

A decree nisi is a provisional order that is granted by the court when a couple has met the legal requirements for divorce. It’s not a final divorce decree, but it does mean that the marriage is considered to be over for all intents and purposes.

The Waiting Period

After a decree nisi is granted, there is a waiting period of three (3) months before the decree nisi will automatically become absolute. This is also known as a ‘cooling-down’ period to enable parties to reconcile if it is possible.

Making It Official: Decree Absolute

A decree absolute is the final step in the divorce process. It officially ends the marriage and allows both parties to move on with their lives. To obtain a decree absolute, your divorce lawyer must apply to the court. Once the application is approved, your divorce is finalized where your divorce certificate will be issued, and you’re legally free to marry again if you choose.

When Can Your Remarry After Divorce in Malaysia?

Once the decree nisi is made absolute, you and your ex-spouse can remarry if you wish. This can only happen if there’s no right of appeal against the divorce decree, the appeal period has passed without an appeal being made, or an appeal has been dismissed.

In short, you can remarry 3 months later after the ‘cooling-down’ period.

Presumption of Death and Divorce

In unique cases where one spouse is missing and believed to be deceased, a petition can be filed to have the marriage dissolved based on the presumption of death. If there’s evidence that the missing spouse has been absent for at least seven years and there’s no reason to believe they’re alive, a decree nisi of presumption of death and divorce can be granted by the court.

Conclusion

Understanding what happens after the divorce process in Malaysia can help you to understand the process better. Remember that it’s important to consult with a divorce lawyer for guidance tailored to your situation. If you’re going through a divorce, knowing what to expect can provide you with a clearer picture of the journey ahead.

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