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Divorce Law Malaysia: 3 Things To Know Before Finding A Divorce Lawyer

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3 Things To Know Before Finding A Divorce Lawyer: Divorce Law Malaysia

(Updated in May 2020)

Are you looking for a divorce lawyer and looking to understand more about divorce law Malaysia? Before you pick up your phone, here are 3 things to know before making an appointment with your divorce lawyer.

1. Joint Petition or Single Petition Divorce

Before you meet your divorce lawyer, more often than not, he will ask if your spouse agrees with the divorce. So, it is important to sit down and talk with your spouse about this matter and discuss on the terms of divorce.

This includes, wife/husband maintenance, child maintenance, custody, assets division etc. Once these are all discussed and both parties agreed to the terms, you can proceed to make appointment with your divorce lawyer. Then your divorce lawyer will proceed with a joint petition divorce.

However, if both parties cannot reach a consensus or mutual consent, then your divorce lawyer will advice to proceed with a single petition divorce. This is where both parties will usually appoint their respective lawyers.

2. Cost of Divorce In Malaysia

In fact, if both parties agree to divorce, the cost of divorce is much lower compared to cases where parties cannot mutually agree to divorce. In other words, a joint petition divorce is much cheaper than single petition divorce.

Therefore, it is advised to settled privately among couple on the terms so that both parties are not hit by expensive cost of divorce. However, if both parties cannot reach a settlement, filing a single petition is inevitable.

3. Time Frame For Divorce To Be Finalized

A joint petition can be finalized faster compared to a single petition.

For a joint petition, it will take less than 4 months before the Court grant an order for divorce. For a single petition, it can normally take from 6 to 12 months or more before the Court grant an order for divorce. It also depends on the complexity of the case among other factors.

In short, you need to discuss deliberately with your divorce lawyer on your rights in filing a divorce application.

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