Divorce Agreement and Settlement in Malaysia
Divorce Agreement and Settlement in Malaysia
(Updated in June 2022)
Going through the divorce process can be daunting and exhausting. This could be due to the reason that either party is willing to compromise or unwilling to “surrender”.
You might also come across questions such as:
- Who should have the custody of my children?
- What is the fair amount I should pay for maintenance for my children / wife?
- How do we divide our matrimonial assets?
For a joint petition divorce, both parties must agreed on all the essential terms before you seek or hire a divorce lawyer in Malaysia.
If there is no agreement on any term, the only option left is to file a single divorce petition in Malaysia and both will have to submit to the High Court of Malaysia to decide on the outcome of the case.
More often than not, this will cause extreme stress to the both parties going through divorce having to expose the “ugly truth” in the Court. This is because you need to prove your ground for divorce. In other words, you need at least a reason to divorce. Commonly, one of the spouse may allege the unreasonable behaviour of the other party as the reason for divorce.
Moreover, a contested single petition can go on for 12 months or more depending on the complexity and issues in dispute between married couple. Not only it’ll consume more time, but you can expect a more expensive legal fees as well.
Therefore, instead of having no control on the outcome of the case, why not consider to go for a divorce agreement and settlement to settle the dispute privately to achieve a “win-win” for both parties?
By having a meeting with our experienced divorce lawyer who is neutral and impartial, you can expect that your rights are well protected under the law in Malaysia.
We will achieve settlement and agreement of divorce between disputing parties to ensure that both parties can go for a joint petition divorce in Malaysia, which is not only time-saving but you can expect to save on legal fees as well. Most importantly, you get to control the outcome of the case instead of the High Court to decide for you.
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For joint petition whereby both party has decided not to claim anything..is the clause “Relif-relif yang lain atau selanjutnya sebagaimana yang difikirkan sesuai oleh Mahkamah Yang Mulaia ini” still necessary be stated in the petition?? Do I have the right to ask her lawyer to remove this clause before signing the petition by her lawyer? Thanks
Hi Jantz,
This clause needs to be inserted into the joint divorce petition because the Court is empowered to grant any relief even in a joint divorce petition subject to the agreement of both parties.
Thanks for your reply..appreciate it
You are welcome.
“We will achieve settlement and agreement of divorce between disputing parties to ensure that both parties can go for a joint petition divorce in Malaysia, which is not only time-saving but you can expect to save on legal fees as well. Most importantly, you get to control the outcome of the case instead of the High Court to decide for you.”…..when i read this part..it confuses me..like my case with the clause..do i still have control over the outcome of the case instead of the high court? thanks
Hi Jantz,
Yes, both parties are free to enter into any agreement and the Court will not interfere normally in a joint petition divorce.
thanks so much…..appreciate your reply…thanks again
You are welcome.
Hi Max, my wife and me had agreed to a joint petition and I had drafted a divorce settlement agreement. The agreement is to pay a one lump sum spouse maintenance via scheduled payments over two years and distribution of a few immovable properties. Our children are adults now. There is a clause on not to cause malicious harm to either spouse. Can you advise on what protection one party holds if the other party did not honor part of the agreement e.g. one spouse doing malicious harm to the reputation of the other spouse or the spouse engaged someone to do so, before and after settlement of spouse maintenance?
Hi Yeong,
If any party intentionally breached the court order/agreement, the aggrieved party may file for contempt of court against the other party in the court.