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Divorce Procedure in Malaysia Law

A very common misconception about divorce is that a lot of couples think that they would have to be living separately for more than three years before they can file for divorce. The truth is if both parties agree to divorce, then you don’t need to be living separately.

Andy Low from Low & Partners talked about the money matters in divorce cases in Malaysia, during the webinar I hosted with Evanna Phoon. Here is what he said:

I have clients that stay together during the divorce proceedings and still stay together after divorce proceedings just for the sake of the kids. So, that is possible. Separation for two years is only one of the reasons to file for divorce. It doesn’t mean that you have to live separately in order to qualify yourself for a divorce proceeding. This is a very common misconception.

Second misconception is that they thought they will be automatically divorced if they have lived separately for more than 2 years. This is also incorrect because they would still need to file an application before they are divorced. There’s no such thing as “automatically divorced,” you have to apply for it.

Now, another misconception is that application for divorce cannot be made within 2 years of the marriage when, in fact, there are exceptions available. Sometimes parties can opt for annulment if they are qualified or eligible for annulment. There is no “not more than 2 years of marriage” limitation for annulment.

I want to touch a bit on: “The Brief and the General Procedure of the Joint Petition Divorce” before we talk about the monetary part because I want to establish that going for a joint petition divorce it is much easier. When you go for a unilateral divorce, which is a single petition, it will take more time.

Generally, if both parties agree, then you need to engage with a lawyer. We discuss the settlement with your spouse, and then you sign the divorce petition, and you wait for the hearing date, and you attend to the court, and get a certificate. While for unilateral divorce proceedings, you need to consult a lawyer also, and you may need to also apply to the JPN for a tribunal.

The objective of the tribunal is to actually provide a platform for the parties to reconcile. For example, if the husband would like to file for divorce, then the husband needs to actually submit an application to the JPN and attend the tribunal. It is actually the intention of the government to allow a chance to reconcile the parties before they have really decided to go ahead with the divorce proceeding.

In doing the so called tribunal sessions, the government officers, JPN officers will try to understand the reasons behind the break-up of the marriage or will try to ask you questions like why you want to live separately, and in all those things. The ultimate objective will be to reconcile the parties. However, if you insist on filing for a divorce after the JPN session, you can enclose the tribunal’s letter and file the application to the court, which is the third step.

Afterwards, the procedure will be very different depending on the spouse’s subsequent actions. So, we cannot determine the general time involved because we do not know whether or not your case will be contested by your spouse.

Now, what are the usual disputes that arise from a marriage?

For Premium Webinar Members, you can watch the full session here:
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2 Comments

  • Guna Mohan

    Reply Reply March 4, 2014

    Dear Sir,

    THe article was very informative and clear on Divorce matters.

    If I have further quarry how should I go about it

    Regards

    KGM

  • Sridharan Shanmugam

    Reply Reply March 10, 2014

    I had applied to JPN Tribunal for my divource, I know that i cannot stay to gether anymore since my wife had a affair and left home . My children’s are with me. In this case what will my result will be , for sure we cannot reconcile.Do the JPN will provide a good recommandation . i cannot affort to angaged a Lawyer .

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