Divorce Hearing for Joint Petition in Malaysia: What to Expect

Divorce Hearing for Joint Petition in Malaysia: What to Expect

Is getting a divorce easy?

Going through a divorce may seem to be a long and exhausting process. Especially when you have to go through the paper works and all the legal terms that come along with it.

Truth is, getting a divorce is not that tedious if you hire the right divorce lawyer to work with. That said, we are not encouraging one to get a divorce but we are here to simplify the process and make sure that the whole process is a smooth one especially when there are children and properties involved.

If you have decided to call the marriage to an end, how do you ensure that the divorce process is a smooth one?

The answer is to seek for a joint petition for divorce.

In short, both parties must come to an agreement on all the divorce terms. You may read here for more insights.

So, what is next?

Once both parties have signed the divorce papers, your divorce lawyer will then file the divorce papers and other relevant legal documents to the court and the court shall fix a hearing date for the joint petition for divorce.

What is a divorce hearing date?

A divorce hearing date is a date fixed by the court and parties are required to attend the said hearing in the presence of your divorce lawyer.

During the divorce hearing date, the court will go through all the divorce terms agreed by both parties and seek for confirmation of parties on the said terms. In this case, the court will seek confirmation from parties if they agree to dissolve their marriage based on the agreed terms.

It is important to note that although the court will not usually amend the terms decided by the parties, the court has full discretion to inquire on the arrangements agreed by parties and make necessary amendments if required to ensure it is fair and reasonable.

In most divorce hearings, parties will usually be represented by their divorce lawyers and parties are not required to speak unless there are questions directed by the court to the parties directly.

Can I skip the divorce hearing?

In practice, both parties must attend the court hearing even though they are represented by a divorce lawyer in the court. However, if either party has a valid reason to skip the divorce hearing such as residing overseas etc. you may need to inform your divorce lawyer to apply for an exemption from the divorce hearing.

In short, you may skip the divorce hearing with a valid reason subject to the court’s approval. That said, due to the advancement of technology, the court has now embraced the use of technology to conduct online divorce hearing where parties are required to attend the court hearing online by way of Zoom or any other method directed by the court.

Post divorce hearing

After the divorce hearing, where the court is satisfied with the agreed terms and parties voluntarily agreed to dissolve the marriage, the court may grant a decree nisi. This is a provisional order and will be made absolute 3 month later under the law.

In short, your divorce will only be official 3 months after the court hearing date. The duration of 3 months is to encourage parties to reconcile, if possible.

In conclusion, getting a divorce is a big decision to make especially if children are involved. Hence, it is best to find ways to reconcile if this is ever possible. In the event, reconciliation is not possible, getting a divorce may be the best way to move forward for both parties. Therefore, it is best to seek for legal advice from an experienced divorce lawyer to ensure that the rights of parties are well protected.

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