Joint Petition Divorce in Malaysia
A joint petition divorce in Malaysia is essentially an application where both parties agreed to divorce in Malaysia and also agreed on all the divorce terms. These terms shall include (but not limited to) custody of children, maintenance of children, maintenance of spouse and division of properties.
Generally, it is advisable for both parties contemplating to divorce to discuss and agree on all the terms in order for your divorce lawyer to prepare the legal documents to proceed with the divorce in Malaysia. This can save you not only time, but money as well. It is highly advisable to seek assistance from your divorce lawyer for this process to avoid complicated/long legal process.
Requirement To File A Joint Petition Divorce in Malaysia
In order to file a mutually agreed divorce in Malaysia:
- Marriage must be registered for more than 2 years under the Law Reform (Marriage and Divorce) Act 1976 (unless there is special circumstances); and
- Parties must be domiciled in Malaysia (in other words, parties must be based/residing in Malaysia permanently).
Read here for comprehensive information more about filing a mutual divorce petition in Malaysia.
FAQs: Joint Petition Divorce in Malaysia
Q1: What is a joint petition divorce in Malaysia?
A joint petition divorce is when both parties agree to end the marriage and file for divorce together, with all the divorce terms such as child custody, maintenance, and property division already agreed upon.
Q2: How long does a joint petition divorce take in Malaysia?
It usually takes around 3 to 6 months from start to the court hearing.
Q3: What are the requirements for a joint petition divorce?
- Both parties agree to divorce
- Married for at least 2 years (unless given special permission by the Court)
- Mutual agreement on custody, maintenance, and property division
- At least one spouse is Malaysian or domiciled in Malaysia
Q4: Do we need to attend court for a joint petition divorce?
Yes. Both spouses must attend the court hearing so the judge can confirm the mutual agreement to divorce. Alternatively, you may apply for online court hearing or apply for an exemption from the Court subject to the Court’s direction.
Q5: What documents are needed for a joint petition divorce?
- Marriage certificate
- Birth certificates of children (if any)
- S&P of property involved (page with property address and title is sufficient) (if any)