Answering your Doubts…
Joint Petition Divorce
in Malaysia
Let us Get to The Basics
What is Joint Divorce Petition?
As the name itself suggest, Joint Divorce Petition simply means parties are coming in ‘jointly’ to proceed with Divorce.
S. 52 of LawReform (Marriage & Divorce) Act 1976 talks about Dissolution by Mutual Consent (also known as Joint Divorce Petition)
Q: What does S.52 of LRA 1976 says?
The section talk about:
- When a marriage can be mutually dissolved by the parties (Joint Divorce Petition)
- What are the provision that can be included in a Joint Divorce Petition
Q: When a marriage can be dissolved by the husband and wife mutually? (When the spouses can apply for divorce?
- The Husband and Wife can proceed with Joint Divorce Petition in Malaysia upon expiration of two (2) years from the marriage been registered.
- Click here to read from JPN Portal : https://www.malaysia.gov.my/portal/subcategory/1610
Q: Who can file for the joint divorce petition?
- Both, as Petitioners.
Q: How long does it take for the process of joint divorce petition to complete?
- As early as one (1) month up to four (4) months for the whole process to complete.
Q: Do the parties need to attend the Hearing for Joint Divorce Petition?
- Yes, either by way of physical attendance or via Zoom depending on the Court.
Q: Do the spouses need to live separately for more than two (2) years for a Joint Divorce Petition in Malaysia?
- No. It is not required for a joint divorce petition. However so, the details on when the marriage broke down between the parties needs to be mentioned in the Petition.
Q: Is Joint Divorce Petition expensive?
- Certainly not when you compared it with Single Divorce Petition.
- Also, it is way more cheaper than the overall expenses incurred for the marriage generally.
Q: What are the provisions to be considered and can be added in the Joint Divorce Petition?
- Alimony (maintenance) for the Wife
- Custody, Care & Control of the Kids
- Maintenance for the Kids
- Expenses of the Kids
- Asset Divisions on the matrimonial home and matrimonial assets
Q: What are the documents needed in order to proceed with Joint Divorce Petition?
- Copy of the marriage certificate
- Copy of the identification card/ passport of the spouses
- Copy of the birth certificate/ mykid/ passport of the kids (below the age of 18)
- Copy of the title for matrimonial home or matrimonial assets
Q: Is it a must for the Husband to provide alimony to the Wife in a Joint Divorce Petition?
- No. This is up to the spouses whether they would want to exercise it.
Q: When the ex-husband can stop paying / discontinue it towards the ex-wife?
- the ex-husband can stop paying the alimony according to the divorce terms between the parties, or
- at the demise of any one of the parties, or
- the receiving party (in most cases the wife), re-marries; or
- the receiving party (in most cases the wife) is in another relationship
Q: Where can spouses get legal advice for filing a joint divorce petition?
- At Chambers of S Sakthi, we provide free assessment whereby parties need to fill up the basic questionnaire to receive our quote.
- We offer detailed consultation face-to-face and via online platform for a fee.
Q: Where can spouses get legal advice for filing a joint divorce petition?
- At Chambers of S Sakthi, we provide free assessment whereby parties need to fill up the basic questionnaire to receive our quote.
- We offer detailed consultation face-to-face and via online platform for a fee.
Q: What are the steps to file a Joint Divorce Petition?
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 1
Both Parties agreeing to the Divorce Terms.
Step 2
The Divorce Lawyer will start preparing the Cause Papers.
Step 3
Execution of the Cause Papers by way of Parties signing it.
Step 4
Filing the Cause Papers & getting the Hearing Date.
Step 5
Divorce Lawyer to attend the Hearing along with the spouses.
Step 6
Prepare the Court Order & Decree Nisi followed by the Decree Absolute.