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Divorce By Joint Petition
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Today we would like to share some legal information about divorce in Malaysia:
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TYPES OF DIVORCE IN MALAYSIA
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Generally, a registered marriage in Malaysia can be dissolved by 2 means:
- By way of Joint Petition whereby both parties give their consent to the divorce application
- By way of Unilateral Divorce whereby only one party is intending to file the court application to dissolve his/her marriage
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PRE-CONDITIONS WHICH MUST BE SATISFIED BEFORE JOINT PETITION
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A Joint Petition for Divorce can only be filed in the High Court when both petitioner husband and petitioner wife have agreed to dissolve their marriage.
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The involving parties must have a consensus in relation to the custody, control, and care of their child (or children), rights of access, distribution of their matrimonial assets, and monetary maintenance, etc.
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If there is no delay, usually within three (3) weeks, the parties will be able to attend the divorce hearing scheduled by the Registrar High Court.
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A divorce order (which is also known as decree nisi) will be given on that day. However, it will only become fully in force after three (3) months (the divorce order will then be called as Decree Nisi Absolute). The parties will be officially divorced and can legally remarry.
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WHAT IS A UNILATERAL PETITION AND HOW DOES IT WORK?
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If one of the parties did not agree to dissolve their marriage because of no marital settlement, then the party who intends to terminate the marriage would have to file a Unilateral Petition for Divorce in the High Court.
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However, according to Malaysian Law, before filing the Unilateral Petition, the party shall refer their matrimonial matter to the conciliatory body/Jabatan Pendaftaran Negara (JPN) whereby the officer will be giving counseling and see whether there is a chance to re-conciliate the parties.
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The whole process will take about 6 months. If the conciliatory body could not resolve the matrimonial dispute between the parties, the party who intends to divorce can then proceed to file the Unilateral Petition for Divorce in the High Court.
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If the other party did not appoint a lawyer to contest the Unilateral Petition, within three (3) months, a divorce decree will be granted after the matter is heard by a High Court Judge. Physically appearance of the Petitioner is required.
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These are some information regarding divorce that we want to share with you today. If you have any inquiries, please do contact us: https://wa.link/q3kmv5
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A) If you want to know more about Divorce by Joint Petition, you can read our article, please click
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B) If you to know more about Divorce by Unilateral Petition, you can read our article, please click
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C) About FAQ by our clients about Divorce by Joint Petition, you can read our article, please click
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