How to File a Divorce Petition in Malaysia
If you have already done your very best for the marriage, but somehow it’s still not working, getting a divorce may be the practical thing to do.
We understand it’s a painful and difficult time for you, but you should do what’s best for both of you. And getting a divorce lawyer will help lighten your burden given the complex process involved.
But to give you an idea of how the process goes so that things will be more efficient, we’ll quickly discuss how to file a divorce petition in Malaysia here.
What is a divorce petition?
A divorce petition is a prerequisite for filing a divorce. It can be filed by either the husband or wife or both of them; the one who files it is called the petitioner.
Depending on which Malaysian state the couple was married in, the petition has to be filed in that state court.
The petition includes the names of the husband, wife, and children. Furthermore, it should state the assets of the family such as their joint or separate property, who has legal custody of the children, and who will support them.
The Conditions for Filing a Divorce Petition
Below are the necessary conditions for filing a divorce petition:
- The marriage should at least be two years at the time of filing the petition. Please refer to the Law Reform (Marriage & Divorce) Act 1976, Section 50 to learn more.
- If the petition is written by a spouse, not both of them, the petitioner must obtain a certificate of completion from the Marriage Tribunal as proof of having tried to fix the marriage.
Steps of Filing a Single Divorce Petition
A single divorce is filed by only one spouse. Because the other party doesn’t agree to the divorce, this is also known as a contested divorce.
Here are the steps you need to take for filing a single divorce petition:
- Consult a divorce lawyer.
- Submit all the required applications to the High Court.
- Get a certificate of completion from the Marriage Tribunal.
- Attend the divorce tribunal.
- Sign the divorce petition as prepared by your lawyer.
- Wait for the hearing date for your divorce application.
- Attend the hearing with your lawyer.
- Receive your divorce certificate after the judge has granted a divorce order.
Steps of Filing a Joint Divorce Petition
On the other hand, a joint divorce is a situation wherein both spouses want a divorce. Therefore, it is also called an uncontested divorce.
Here are the steps for filing a joint divorce petition:
- Consult a divorce lawyer.
- Come to an agreement with your spouse regarding the divorce, your children, and your property and its maintenance.
- Sign the divorce petition as prepared by your lawyer
- Wait for the hearing date for your divorce application.
- Attend the hearing with your lawyer.
- Receive your divorce certificate after the judge has granted a divorce order.