What to Expect from Marriage Counselling with JPN Malaysia

July 5, 2024Filed under: Divorce & Family Law

What to Expect from Marriage Counselling with JPN Malaysia

Some of you may be asking how to get a divorce as a non-Muslim in Malaysia. Some of you may have heard that marriage counselling is required before one can file for a divorce in Malaysia. But there are instances where marriage counselling is not required.

So, what is exactly the procedure?

Do I need to attend a marriage counselling first or not before filing for a divorce petition in Malaysia?

To answer the questions above, there is only one essential question to ask to determine if you need to attend the said marriage counselling.

Do both parties agree to the all the divorce terms such as alimony, maintenance of children, custody and division of matrimonial properties?

If the answer is yes, there is NO NEED for parties to attend the marriage counselling. Parties may get a divorce lawyer and start the divorce process straight away.

However, if the answer is no, then you will need to attend the marriage counselling. Under the law in Malaysia, parties may attend the marriage counselling session with the Marriage Tribunal under the Jabatan Pendaftaran Negara (JPN).

Here is some general information you need to know about marriage counselling with JPN.

You may head to the nearest JPN branch where both parties last reside (over the desk counter) to register
You only need to pay a registration fee of RM2.00 to start the counselling session
You must be a non-Muslim to be eligible to register for the process
Only if either one party does not agree to the divorce (or no agreement to any of the divorce terms)
Lawyers are not allowed to represent any party during the marriage counselling sessions with JPN, unless permission is granted.

So, what can you expect during the marriage counselling with JPN?

Essentially, the marriage tribunal under the JPN is empowered under the law to conduct marriage counselling to non-Muslim couples facing marital issues.
The objective of this process is to determine the reason for the breakdown of the marriage and to reconcile couples, if it is possible.
The process will usually be chaired by 3 members panel representing the marriage tribunal. In some cases, both parties will be invited to attend the sessions together and others will be individual sessions based on circumstances.
There will be a maximum of 3 marriage counselling sessions in total.
The marriage counselling sessions will be concluded within 6 months and the marriage tribunal will then decide whether if parties can be reconciled or not and issue relevant certificate accordingly.

Assuming if parties cannot be reconciled, the marriage tribunal will issue a certificate confirming that parties cannot be reconciled and then only you can start the unilateral divorce process in Malaysia (or commonly known as single petition for divorce). These certificates are commonly known as KC28 or KC29.

If getting a divorce is inevitable, it is best to seek for a joint petition for divorce in Malaysia to ensure that parties are not burdened by the relatively higher legal cost of filing a single petition and also to save time as well.

A divorce lawyer may be able to settle the indifferences between parties to ensure that a win-win situation can be achieved by both parties to save time and cost for divorce in Malaysia by filing a joint petition for divorce.

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