We trust that during marriage registration (be it civil, custom or religion), every bride and groom thinks that they will live together happily ever after. However, it may not be the case for certain married couple. This is because there are reasons for them to enter into disappointment and/or arguments with each other resulted their feel to escape from such marriage and to take step into a better future without their counterpart. We are not encouraging divorce herein, but we wish to share the insights for the divorce proceedings in Malaysia instead. Our topic of the day will be focusing on uncontested divorce aka divorce on mutual consensus basis (also known as joint petition divorce).

A.   WHAT IS REQUIRED IN ORDER TO FILE AN UNCONTESTED DIVORCE PROCEEDING IN MALAYSIA

1.         Under Section 52 of Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”), in order to file an uncontested divorce proceeding in Malaysia, it is necessary for a married couple who are domiciled in Malaysia to have a mutual understanding and consensus on the separation terms as follows:-

B.        WHAT IS THE DURATION FOR THE PROCESS OF JOINT PETITION DIVORCE PROCEEDINGS?

2.         Once all the relevant documents and cause papers are filed in a Court of Law, the Court will fix a hearing date before a Judge who will hear the said application wherein such process will usually take between three (3) to six (6) months. Please take note that it is mandatory in nature for both marriage couple to attend the Court on the hearing date.

C.        WHAT SORT OF DOCUMENTS ARE REQUIRED?

3.         It is suggested that you should prepare the following documents:-

1. Marriage certificate;
2. Photocopied of Identification cards;
3. Details of current residence;
4. Details of all matrimonial properties;
5. School details for the matrimonial child(ren) [if any];
6. Identification card details for the matrimonial child(ren) [if any]; and
7. Any other relevant document(s).

D.        ANY OTHER IMPORTANT POINTS TO TAKE NOTE?

4.         It is important to take note that all the relevant parties shall obey the terms of the Court Order once the Divorce Order is granted by the Judge. This is because it may amount to a contempt of court in the event that any party breaches such Order and it will allow the aggrieved party to enforce the Court Order against the defaulted party. Hence, it is important for the parties to ruminate and reflect on the terms of dissolution of marriage and the parties should always be prepared to commit to the terms of the Divorce Order.

E.        CAN I APPLY TO THE COURT TO AMEND/CHANGE THE TERMS OF THE COURT ORDER?

5.         The simple answer is possible. However, the Court may only vary the order for the custodian of marriage child and maintenance of spousal / marriage child if such order is granted based on any misrepresentation, mistake of fact or there are any material changes in the circumstance since then.

It is a clear message that Malaysia divorce proceedings is not complex in nature in the event that both married couple have reached a common consensus and understanding on the terms of dissolution of a marriage. In the event of dispute and/or disagreement to certain terms, it is advisable for you to seek a professional legal advicer to ensure all the legal processes are properly dealt with and to ensure the smoothness of the divorce application.

Should you have any inquiries or require legal assistance, please do not hesitate to contact us at +6011-5657 1350 and reach us via email at lowzhigeneral@gmail.com.

Written By: Low Chee Hau, Melvin

Edited By: Yap Jian Zhi, Nicholas

Note: This article does not constitute legal advice in any case. The facts in each and every case will differ and you can contact us for complimentary legal advice.