Single Petition Divorce in Malaysia

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Single Petition Divorce in Malaysia by TYH & Co. Divorce Lawyer KL & Selangor Malaysia

What Is Single Petition Divorce in Malaysia

A single petition divorce in Malaysia (unilateral divorce application) is basically filed by one party when his or her spouse does not agree to divorce or does not agree to any of the divorce term such as custody of children, amount of maintenance payable (to spouse or children) and division of properties. For one to file a single petition divorce, there is no need to get consent from his or her spouse as long as the ground for divorce is proven in the Court.

Marriage Counselling Conducted by Marriage Tribunal (JPN)

If there is no agreement on any term, then the only way to get a divorce is by way of single petition.
Under the law, to start a single petition divorce in Malaysia, both parties must go through marriage counselling sessions with the Jabatan Pendaftaran Negara (JPN)’s marriage tribunal. Read here to learn what you can expect from a marriage counselling with the JPN.
If you do not wish to attend the marriage counselling sessions for whatever reason, you may get further advise from your divorce lawyer to file an exemption from attending the said marriage counselling sessions.
Once the marriage tribunal thinks that the marriage broke down irretrievably, they will issue a certificate/letter (also known as KC 29) after 3 sessions of marriage counselling within 6 months. You will need to pass this certificate/letter that you obtained to your divorce lawyer to start the divorce process in Malaysia.

Ground for Divorce To File Single Petition

Unlike a joint petition, you will need to provide ground for divorce in a single petition under the law. You may read here on the grounds available under the law before one can file a single petition in Malaysia.
In short, you will need to show reason why you want to get a divorce and the court shall determine the case accordingly.
In a single petition, the court will decide on the undecided issues and settle any disagreement between parties to ensure that fairness could be achieved under the law. This includes issues on custody of children, maintenance of wife & children, division of matrimonial properties, and others.

FAQs: Single Petition Divorce in Malaysia

Q1: What is a single petition divorce in Malaysia?
A single petition divorce is when only one spouse files for divorce, usually because the other spouse does not agree to the divorce or is not participating in the process.

Q2: Who can apply for a single petition divorce in Malaysia?
A husband or wife who has been married for at least two years (unless there are exceptional circumstances) and has a legal ground(s) to file a divorce in Malaysia.

Q3: How is a single petition divorce different from a joint petition divorce?
In a single petition, only one party applies for divorce and must prove his or her ground for divorce. On the other hand, for a joint petition, both parties agree to divorce and file a divorce petition jointly and there is no need to prove any ground for divorce.

Q4: What are the legal grounds for a single petition divorce in Malaysia?
You must prove at least one of the following:

  • Adultery
  • Unreasonable behaviour
  • Desertion for at least two years
  • Separation for at least two years

Q5: How long does a single petition divorce take in Malaysia?
It will typically takes 6 to 12 months, or more especially if the divorce is complex and highly contentious.

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