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Marriage Counselling Before Filing A Single Petition Divorce In Malaysia

Marriage Counselling Before Filing A Single Petition Divorce In Malaysia by TYH & Co. Best and Affordable Divorce Lawyer in KL Selangor 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:

Grounds for divorce in Malaysia:

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".

6 thoughts

  1. Hi. I have question about this: “if any of the party is absent during the 3 sessions of counselling” – If my wife want to file for divorce and me (husband) received letter to attend counselling but my wife didn’t attend one the sessions, does this mean that my wife will get the certificate from Marriage Tribunal? If wife filing for divorce didn’t attend counselling but husband who doesn’t want divorce attended all the counselling can the wife still get the certificate? Please advice, thank you.

    1. Hi Mr Chiam,

      Both parties must attend the marriage counselling and the tribunal must be satisfied that both parties cannot be reconciled before issuing a certificate. In your case, the marriage tribunal may still issue a certificate if either party decided not to attend the session for 3 times.

      1. Hi Max. Thank you for replying.

        So if the tribunal decide to issue the certificate, can I use this certificate to start a single petition? My wife is the one that applied for marriage counselling, not me.

  2. Hi Max, if i initiate the marriage counselling and don’t attend the counselling sessions. Do i still get the tribunal certificate in the end ? Thanks.

    1. Hi Jack,

      If you initiate the process, you must attend the said counselling by JPN in order for them to issue you the relevant certificate (commonly known as KC28 or KC29) before you can start the single petition for divorce in Malaysia.

      You may WhatsApp us at 0169473338 for more info if necessary. Thank you.

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