TYH & Co. Affordable Divorce & Family Law Firm KL & Selangor

离婚律师 Divorce Lawyer In KL & Selangor, Malaysia Contact Our Divorce Lawyer 016-947 3338 For Free Quotation & Legal Advice

Marriage Counselling Before Filing A Single Petition Divorce In Malaysia

Marriage Counselling Before Filing A Single Petition Divorce In Malaysia

Marriage Counselling Before Filing A Single Petition Divorce In Malaysia

Have you been told to attend a marriage counselling in Malaysia before filing a single petition divorce in Malaysia?

Under the Malaysia Law Reform (Marriage and Divorce) Act 1976 (‘the Divorce law’), parties must go through marriage counselling first before either party can file a single petition divorce in Malaysia. Such requirement is not necessary for a joint petition divorce where both parties agree to divorce and all its divorce terms.

If there is no agreement to divorce or there is no agreement in any of the term of divorce, you will be advised by your divorce lawyer to attend a marriage counselling with the JPN Marriage Tribunal.

After 6 months or 3 sessions of the said marriage counselling, if the JPN Marriage Tribunal fails to reconcile both of you or if any of the party is absent during the 3 sessions of counselling , they are required to issue a certificate and/or letter to certify that both parties cannot be reconciled.

Once the certificate and/or letter is issued by the Marriage Tribunal, you can now send this certificate and/or letter to your divorce lawyer to start and file a single petition divorce in Malaysia.

Essentially, this is important to convince and satisfy the High Court in Malaysia that the marriage is over and broke down irretrievably.

However, there are circumstances where either party may apply to the High Court for an exemption from attending a marriage counselling. Under the Divorce law, either party may apply for an exemption from attending the said counselling if any of the ground below can be proved:

a) where the petitioner alleges that he or she has been deserted by and does not know the whereabouts of his or her spouse;

b) where the respondent is residing abroad and it is unlikely that he or she will enter jurisdiction within 6 months next ensuing after the date of the petition;

c) where the respondent has been required to appear before a conciliatory body and has wilfully failed to attend;

d) where the respondent is imprisoned for a term of 5 years or more;

e) where the petition alleges that the respondent is suffering from incurable mental illness; or

f) where the court is satisfied that there are exceptional circumstances which make reference to a conciliatory body impracticable.

You may also speak to your divorce lawyer on what is your reason to get an exemption and your divorce lawyer shall advice and apply for an exemption on your behalf accordingly.

Fill in the form below to proceed to file for a single petition divorce in Malaysia and our divorce lawyer will keep in touch with your shortly.

We will send you legal advice and accurate quotation via WhatsApp/SMS in less than 2 working hours.
Tip: You may select 1 or more options.
Tips: You need to provide the last known address of your spouse to proceed with the divorce. If you do not know the current address, just state "0".
Tips: If you (the wife) do not need any maintenance, just state "0". On the other hand, husband may only ask for maintenance if he is wholly or partially disabled. You may also state a lump sum in you wish so.
Tips: If you do not need any maintenance, just state "0". You may also state a lump sum in you wish so.
Tips: Please provide the full name of school/college/university/occupation for all children. If no child between both parties, just state "0".
Tips: Be as brief as possible on the details of assets that you wish to claim ie house, car, moneys etc. If there is none, just state "0".
Tips: It is advisable to write down the brief facts (with dates of event if possible) on why you want a divorce. If you think your facts are long, you may email us the facts at tyhlawfirm@gmail.com and we will reply to your very soon.
Tips: Divorce petitions are required to be prepared in Bahasa Malaysia before submitted to the High Court in Malaysia. If you cannot read and understand in BM, our divorce lawyer will translate and explain the terms to you before you sign it.
If none, just state "0".

<div class='sharedaddy sd-block sd-like jetpack-likes-widget-wrapper jetpack-likes-widget-unloaded' id='like-post-wrapper-135752212-836-5c116a2435241' data-src='https://widgets.wp.com/likes/#blog_id=135752212&post_id=836&origin=www.tyhlawfirm.my&obj_id=135752212-836-5c116a2435241' data-name='like-post-frame-135752212-836-5c116a2435241'><h3 class="sd-title">Like this:</h3><div class='likes-widget-placeholder post-likes-widget-placeholder' style='height: 55px;'><span class='button'><span>Like</span></span> <span class="loading">Loading...</span></div><span class='sd-text-color'></span><a class='sd-link-color'></a></div>

Leave a Reply

Your email address will not be published.

%d bloggers like this: