Can You Apply for Divorce in JPN?

Can You Apply for Divorce in JPN?

Let’s answer this question once and for all. If you intend to get a divorce in Malaysia as a non-Muslim, can you apply for divorce in JPN (also known as Jabatan Pendaftaran Negara Malaysia)?

This is one of the most common questions we often get from general public especially for people intending to get a divorce in Malaysia.

Although you may have registered your civil marriage with the JPN, you cannot apply for a divorce in JPN. This is because the JPN is only authorized to register and keep the marriage & divorce records for non-Muslims under the law in Malaysia.

It is important to understand that under the divorce law for non-Muslims in Malaysia (specifically under the Law Reform (Marriage & Divorce Act) 1976), only the Court is empowered to grant a divorce order in Malaysia. Therefore, you can only apply for a divorce in the Court through a divorce lawyer.

Subsequently, once the divorce is granted by the Court, then you may only register the said divorce order granted by the Court with the JPN in order to update the marriage & divorce records under the law.

On the other hand, you may notice that some people may head to the JPN during the divorce process. Why is that the case? This is because the JPN is empowered under the law to conduct marriage counselling for couples intending to get a divorce in Malaysia.

Marriage counselling is required for couples only if either one party doesn’t agree to the divorce or if any of the divorce terms cannot be agreed upon between parties. Otherwise, you don’t need to go the marriage counselling if the divorce terms are mutually agreed between parties. You may read more in our previous post here.

All in all, you can only apply for a divorce in the Court through a divorce lawyer because only the Court has the power to dissolve civil marriages in Malaysia. It is always advisable to seek for a qualified divorce lawyer in Malaysia to ensure that your divorce process is a smooth one during this difficult time. At TYH & Co., it is our commitment to provide affordable and professional legal service at fixed legal fee.

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