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6 Steps on How to Obtain a Joint Divorce in Malaysia

Joint divorce is where both the husband and the wife intend to dissolve their marriage based on agreed terms.

The following are the guidelines if you intend to proceed with a joint divorce in Malaysia.

1) Find a divorce lawyer who has expertise in the relevant area

You should appoint a divorce lawyer to obtain legal advice and handle your case.

In the meantime, you have to provide a copy of your documents such as your Marriage Certificate, your children’s Birth Certificate(s), house title and any other documents which are relevant to your case. You may check out our article on how to prepare you for an initial consultation with your lawyer.

2) Discussion on the terms for Joint Divorce 

Your lawyer will discuss and confirm with both the husband and the wife on the proposed terms for divorce e.g. custody of the child, access to the child for non-custodial parent, child’s maintenance, spousal maintenance and any division of assets between the spouse.

3) Preparation & signing of Joint Divorce papers

Upon confirmation of the terms, your lawyer will prepare a Petition for Divorce and other relevant cause papers. Both the husband and the wife will need to sign the papers before a Commissioner for Oaths. 

Joint Divorce in Malaysia

Picture showing the spouse signing the divorce papers.

4) Compulsory to attend hearing in the Court 

Once all the papers are ready, your lawyer will proceed to submit to the Court for a hearing date in which event both the husband and the wife must attend court on the given date. The hearing date may vary according to the Courts in different states. 

Please bring along your MyKad as you have to hand it over to the court interpreter for verification purpose. When attending court, you need to wear proper and decent attire. 

It is advisable to be present in the Court, this is because the Judge may want to enquire and clarify the terms where necessary.

However, if either the husband or the wife is unable to attend due to work schedule, health reasons or other cogent and convincing reasons for the said absence, then you need to seek further advice from your lawyer.

5) Grant of Decree Nisi for Divorce 

On the day of the hearing, once the Judge is satisfied with the terms stated in the Divorce Petition and confirms both the husband and the wife are agreeable to a divorce based on the said terms, then the Court will grant an Order for Divorce (which is known as “Decree Nisi for Divorce“).

Take note: the Decree Nisi will only be absolute (officially take place) 3 months after the said hearing. Only in very exceptional circumstances and if the Judge is satisfied with the reasons provided, then the 3-month period may be dispensed with or be fixed with a shorter period.

Anyhow, both the husband and the wife should comply with the terms as soon as the Court allows the Decree Nisi for Divorce.

6) After the 3-month period and also upon updating the divorce status at JPN, both parties are officially divorced and thus can remarry

After the 3-month period (i.e. Decree Nisi has been made absolute), usually your divorce lawyer will assist you in updating your divorce status at the National Registration Department or more known as Jabatan Pendaftaran Negara in Putrajaya, Malaysia. 

JPN will issue a letter known as JPN KC 32 to confirm that they have acknowledged and updated the said divorce in their system. Each party can then register his / her new marriage with their respective partner at any places for marriage registration prescribed under the law

GET A FREE QUOTE FROM US!

Contact our divorce lawyers at anytime to get a free quote on a joint divorce in Malaysia or to fix a consultation with a lawyer from our firm for thorough advice.

We will send you our quotation within 24 hours upon receiving your request.
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MESSRS ARINA ONG & CO.

Advocates & Solicitors

G-13A-19, Residensi Seri Wahyu,

No. 68, Jalan Sibu,

Taman Wahyu,

68100 Kuala Lumpur.

H/P No.:  +6016-342 8448

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Email   :  arina@ao-co.com

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