What Should I Do To Get A Divorce In Malaysia?
(Updated on August 2018)
You’ve tried hard. Or both of you have tried hard. But the marriage is not working out unfortunately. Both wanted a divorce. Next question is, what should I do to get a divorce in Malaysia?
Before you decide to get a divorce in Malaysia, both needs to decide if they wish to file for a joint petition or single petition divorce.
So what is a joint petition and single petition divorce?
In short, both need to decide if they can mutually agree to divorce and agree on all the important terms including wife and children maintenance, custody of children (if there is any) and how to divide jointly owned property (if any).
If both of you can decide the above terms in a peaceful manner and agreed to it, you may then proceed to file a joint petition divorce. On the other hand, if there is no consensus or agreement on one or more terms mentioned, you will have to file a single petition divorce.
If you have decided on whether to file for joint or single petition, the next thing you need to do is to call up your divorce lawyer to represent you and/or your spouse to file the petition to the High Court in Malaysia.
So what is it like to appoint a divorce lawyer?
Assuming both of you wanted to file for a joint petition divorce, your divorce lawyer will collect information from you about your marriage as well as other information such as number of children and properties owned together from your marriage and all the agreed terms.
Then your divorce lawyer will prepare the divorce petition and other relevant legal documents for you and your spouse to sign before filing to the High Court in Malaysia.
After filing, you will be informed to attend the hearing of your petition. This means, you and your spouse must attend the High Court on that day unless you have a very good reason not to (eg. If you need to travel overseas on the date of hearing of your divorce petition).
If all the legal documents are well prepared and the Judge is satisfied that both you and your spouse mutually agreed to all the terms and to end the marriage, the Judge will make a decree (order) to dissolve the marriage.
Bear in mind your marriage will only be dissolved “officially” after 3 months from the date of the decree being made. The reason for this is to give time to both parties to rethink on their decision to divorce and to give a chance for reconciliation between parties.
Of course you may want to talk to your lawyer to get an “immediate divorce” or “official divorce” on the Court hearing day itself if you wish to remarry again soon or for any reason that is acceptable to the Court to grant the divorce order immediately or decree of absolute.
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