Single Petition Divorce in Malaysia

A single petition divorce in Malaysia is basically either one of the party (husband or wife) disagree to divorce or disagree to any of the divorce term such as custody of children, amount of maintenance payable (to spouse or children) and division of properties.

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 (https://www.jpn.gov.my/en/maklumat-perkahwinan/permohonan-rujukan-ke-tribunal-perkahwinan/#1458544794909-8acad274-6cf5). 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 single petition divorce in Malaysia.

In a single petition, the court will decide on the undecided issues or any disagreement between parties to ensure that fairness could be achieved under the law.

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