Joint Petition Divorce in Malaysia: An Overview
A joint petition divorce in Malaysia is essentially a joint divorce application filed when both parties agreed to get a divorce in Malaysia and also agreed on all the divorce terms. These divorce terms shall include custody of children, maintenance of children, maintenance of spouse and division of properties. This is generally the fastest and most affordable way to get a divorce in Malaysia.
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 summary on filing a mutual divorce petition in Malaysia.
Step-by-Step Process for a Joint Petition
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Agree on the key issues
Our divorce lawyer will help both parties agree on things like child custody, maintenance, and division of property. -
Prepare and sign documents
Once terms are agreed, the lawyer will prepare the divorce petition and other documents for both parties to sign. -
File the divorce petition in Court
The signed documents are filed in Court, and the Court sets a hearing date. Both parties must attend. -
Court issues a temporary divorce order
The Court will grant a divorce order (decree nisi) if it is satisfied with the agreed terms.
The divorce becomes final 3 months later. -
Get the divorce certificate and update JPN
After 3 months, the divorce is official. You will receive the divorce certificate and our divorce lawyer will update the JPN free of charge.
Duration of Joint Petition Divorce
Generally, the process of a mutual divorce will take between 3-6 months from initial engagement until you obtain the final divorce certificate from the Court.
Why File a Joint Petition Divorce
It is advisable for both parties contemplating to divorce to discuss and agree on all the divorce terms in order for your divorce lawyer to prepare the legal documents to proceed with the divorce in Malaysia. This can save you both money and time.
Frequently Asked Questions About 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?
These are the documents you need to prepare to our divorce lawyer to start the divorce process in Malaysia.
- Marriage certificate
- Birth certificates of children (if any)
- S&P of property involved (page with property address and title is sufficient) (if any)
Q6: Do I need to prove reason to get a divorce in Malaysia?
If the divorce is mutual and all divorce terms are agreed upon, there is no need to show or prove anything to file a joint petition as long as the marriage is more than 2 years.
