Do I Need to Attend the Court to Get a Divorce in Malaysia?
Do I Need to Attend the Court to Get a Divorce in Malaysia?
You are getting a divorce. Both you and your spouse have agreed to get a divorce. Terms of the divorce are agreed mutually. There is no dispute whatsoever. In short, the divorce is uncontested and done in mutual agreement. So, do I need to attend the court to get a divorce in Malaysia?
Parties Must Attend the Court Hearing for Divorce
For non-Muslims to get a mutual divorce in Malaysia (also known as joint petition for divorce), it is important to note that parties are required by the court to attend a divorce hearing in the court. This is conducted physically in the court room and the court room is open to the public.
Online Court Hearing for Divorce
Interestingly after the pandemic caused by COVID-19 that affected many countries globally, the court has adopted virtual hearing in which hearing is done online usually by way of Zoom or other online meeting tools as directed by the court.
That said, the court has resume to conduct physical court hearing after the pandemic is over but some courts still conduct hearing online.
Can You Skip the Court Hearing?
You may then be wondering if there is any way to skip the court hearing since the divorce is mutual and you wish to just sign the divorce papers and move on. To skip the court hearing, you can only do it with valid reason and you cannot simply skip the court hearing for any reason since the court shall have full discretion in determining whether if you can be exempted from the court hearing.
This is important because the court needs to ensure that parties gave consent to the divorce and voluntarily agreed to the divorce terms before the court grants the divorce order. Essentially, your divorce lawyer will be representing both parties in the court and parties must attend this court hearing physically as well.
In the event if you are based overseas and you cannot return to the country for the court hearing, you may apply to get an exemption from the court hearing or apply to the court to conduct the hearing virtually as mentioned. Do take note that the court shall have full discretion again.
Hence, in order to ensure that the divorce process is a smooth one and to move on with your life as soon as possible, it is advised for parties to come to a divorce settlement and attend the court hearing as required to avoid any further complication.
What About Single Petition for Divorce?
In a single petition for divorce, only the applicant is required to attend the court hearing as long as the other spouse (respondent) is being informed of the divorce proceedings appropriately.
Parties are not required to attend together since this is file unilaterally by one party only due to initial disagreement or if the other spouse is missing (uncontactable).
As long as the applicant can prove his or her ground for divorce and serve the divorce papers to the other spouse appropriately in accordance to the court process, the court will grant a divorce order even in the absence of the other spouse. The process will be handled by your divorce lawyer primarily.
FAQs on Court Attendance for Divorce
Q1. Do I need to attend court for a divorce in Malaysia?
Yes, parties must attend the court hearing in Malaysia for joint petition (1 time only usually). This can be physical court hearing or online court hearing.
Only in certain circumstances where the court attendance can be exempted and the court shall have full discretion on this.
Q2. How long does a divorce court hearing usually take?
In a joint petition for divorce, the court session is usually short. It is usually completed within 2 hours including the waiting time in the court. The actual divorce hearing for joint petition for divorce will take less than 15 minutes.
Q3. What happens if I do not attend the court hearing?
If you cannot attend for any reason, it is advisable to seek for postponement or exemption from the court accordingly. You need to consult your divorce lawyer to guide you accordingly.
Q4. Do both spouses need to attend court?
For a joint petition, both parties must be present to confirm their agreement before the court. In a single petition, only the applicant needs to attend as long as the other spouse (respondent) is being informed appropriately.
Q5. What should I prepare before attending court for divorce?
You should bring your identification card (MyKad (IC) or passport). Remember to dress formally and be respectful in the court.
