6 Steps to Get a Quick Divorce in Malaysia
6 Steps to Get a Quick Divorce in Malaysia
Getting a divorce or not, is not any easy decision to make. If you have already made up your mind for whatever reason you may have, then we believe your decision will have a positive impact on your overall welfare. Afterall, it is pointless for both parties to remain in a marriage if either one of the parties is not happy in general. The question now is, how to get a quick divorce in Malaysia if you ever need one?
In this article, we will break it down on the steps to get a quick divorce in Malaysia. Here are the 6 steps to get a ‘quickie’ divorce.
- Firstly, both parties must agree to get a divorce in Malaysia. What we meant here is that both husband and wife must also agree on all the divorce terms before they proceed to get a divorce lawyer in Malaysia.
- Essentially, parties must agree on all the divorce terms. These terms include custody of children (if there is any children), maintenance of children, alimony to your spouse and division of matrimonial assets (assets can include real estate properties, cash, shares and even businesses). You may talk to your divorce lawyer to understand better.
- Next up, hiring the right divorce lawyer is crucial. Your divorce lawyer will prepare all the divorce papers and draft the divorce terms out for both parties to confirm and sign. In practice, both the husband and wife usually hire 1 divorce lawyer to represent both parties in the family court to save time and cost. That said, do take note that parties are free to engage their own respective lawyers if they think it is proper to protect their own interest.
- Once the divorce terms are settled, both parties will sign and file the divorce petition to the court. Subsequently, the court will fix a hearing date for both parties to attend the court hearing in the presence of your divorce lawyer.
- During the court hearing, your divorce lawyer will present the petition to the court in the presence of both parties and seek for the court’s approval. Generally, the court will usually approve the terms agreed by the parties. Take note that the court shall have full discretion to inquire further and your divorce lawyer will be addressing the court on behalf of both parties.
- After the court is satisfied with the agreed terms, the court will grant a decree nisi. In short, this means that the court allows the divorce but do take note again that the divorce is not finalised (decree nisi is not made absolute yet, in legal terms) until 3 months later from the grant of order under the law. You may shorten the waiting period of 3 months with valid reason and you can communicate this to your divorce lawyer. Finally, you can expect to get your divorce certificate from the court.
In conclusion, it is vital for both parties to discuss privately (or in the presence of your divorce lawyer) to settle on the divorce terms to ensure that the process of divorce can be settled in a fast manner. You can expect to get a divorce as soon as within 3 months (subject to the terms are agreed and the court allows to shorten the waiting period of 3 months as mentioned earlier).
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