Single Petition Divorce in Malaysia

A single petition divorce in Malaysia is when only one person files for divorce, usually because the other spouse does not agree to the divorce or does not agree on the divorce terms like child custody, maintenance, or division of property.

You do not need your spouse’s consent to file a single petition divorce. The Court only needs the divorce ground to be proven.

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 our divorce lawyer to file an exemption from attending the said marriage counselling sessions.

Read here to learn under what circumstances you can apply for an exemption from the marriage counselling with the JPN.

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.

Unlike a joint petition, you will need to provide ground for divorce in a single petition under the law. Here are the 4 grounds available to file a single petition divorce in Malaysia under Section 54(1) of the Law Reform (Marriage and Divorce) Act 1976:

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

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.

You may read here on the grounds available under the law before one can file a single petition in Malaysia.

Step-by-Step Process for a Single Petition Divorce

• Attend Marriage Counselling
  You must first attend marriage counselling at JPN before filing a single petition divorce.

• Prepare the Divorce Petition
  After counselling, our lawyer will help prepare the petition. You must provide the ground for divorce.

• File the Petition and Serve the Spouse
  Once signed and filed, the Court sets case management dates to serve the petition to your spouse.
  If the spouse cannot be found, the Court may require advertising in newspapers or other methods.

• Spouse’s Response and Defence
  Your spouse can hire a lawyer to respond. The Court ensures both parties have time to prepare and defend their cases. If your spouse decides to ignore it, you can still proceed with the divorce petition.

• Court Hearing / Trial
  The Court will fix a hearing or trial to decide the divorce and related issues like custody, maintenance, and division of property.
  If granted, a decree nisi (temporary divorce order) is issued.

• Divorce Becomes Final
  The divorce becomes absolute after 3 months from the decree nisi.
  You will receive the divorce certificate, and our lawyer will assist in updating JPN free of charge.