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📌Q1: Any legal requirements that must be satisfied before filing a joint petition for divorce in Malaysia?

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Yes, there are two (2) legal requirements:

• First, the marriage must be registered for more than two years.
• Second, both parties must reach a consensus on matters such as child custody, control & care, visitation rights, and the division of matrimonial/ joint names property (if any).

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Only once these two (2) requirements are satisfied, the parties can then jointly appoint a law firm to file a joint petition for divorce in the High Court of Malaya.

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📌Q2: What is the timeframe for the joint petition for divorce to be completed?

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After both signed the relevant court papers, a court hearing will be scheduled and requires the attendance of both parties (usually within one month).

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Once the judge records the consent of both parties, an interim divorce order (Decree Nisi) will be granted on the hearing date itself, and a final divorce decree (Decree Nisi Absolute) will be issued three (3) months after the hearing date, should both parties still want to end their marriage.

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Hence, in total, the entire divorce application (by way of joint petition) will take about four (4) months to be completed.

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📌Q3: What documents are required for filing the divorce by joint petition?

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• Both parties’ identification cards (IC)
• Marriage certificate
• Copies of the children’s birth certificates
• Relevant documents for jointly-owned property (if any)
• Children’s medical certificates (can be obtained from a general clinic)

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📌Q4: Must both parties appear in court? Under what circumstances can the attendance be exempted?

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Generally, both parties must physically appear in court on the hearing date. Only under very special/unique circumstances, one party can apply for an exemption from appearing in court or arrange for the hearing to be conducted via Zoom, subject to the judge’s discretion.

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📌Q5: Are the parties required to disclose their grounds for divorce to the court?

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It is not necessary to do so since both parties already consented to file the divorce petition jointly.

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📌Q6: What is the divorce process, and what do both parties need to say in the court?

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During the court hearing, their solicitor will first inform the court of the parties’ attendance and read out the prayers/ arrangements between the parties (the children/ matrimonial properties/ alimony) after divorce.

If the judge has no questions regarding their arrangements, the judge will seek both parties’ oral confirmation of whether they agree to the arrangements as explained by their lawyer.

After both applicants verbally confirm their agreement, the judge will grant the interim order immediately.

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📌Q7: What are custody, control & care?   

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Custody, control, and care are distinct but related legal concepts regarding the care and upbringing of children after a divorce.

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In simple terms, custody refers to the legal right and responsibility to make major decisions about the child’s upbringing, such as, education, health, religious upbringing, etc. In most cases, courts favor joint custody, where both parents share the decision-making authority regarding the child’s upbringing.

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Control and care, on the other hand, refers to the right to take care of the child. It determines which parent the child will live with after the divorce. Typically, it is granted to one parent only, unless both parents continue living together after the divorce.

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📌Q8: What is marital property, and how should it be arranged?

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Marital property generally refers to assets acquired by either or both spouses during the marriage. This can include:

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• Movable properties: vehicles, joint bank accounts, investments, retirement accounts
• Immovable properties: Homes, shop lot, land

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Dividing marital property is often a complex and sensitive issue. In a mutual consent divorce, both parties must discuss how to handle these assets after the divorce. Common options include:
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• Sole Ownership: One party may acquire full ownership of specific marital properties.
• Sale and Division of Proceeds: The property may be sold within an agreed timeline, and the proceeds divided between the parties based on an agreed-upon arrangement.
• Continued Joint Ownership: In some cases, the parties may choose to maintain joint ownership of certain properties, even after the divorce.
• Transfer to Child: While less common, the property may be transferred to a child after they reach adulthood,

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As long as both parties agree on the arrangement, the court will not interfere with the distribution of their assets.

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📌Q9: It is compulsory for the husband to pay for child support or alimony to the wife?

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According to Malaysian laws, it is not compulsory for the husband to pay alimony to the wife or child support. As long as both parties agree on the arrangements, the court will not intervene.

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📌Q10: How much does a divorce by mutual consent cost?

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Our legal fees for handling a mutual divorce are approximately RM3xxx to RM4xxx, depending on whether there are children or jointly-owned property in the marriage and special agreements between the parties. To get an actual fee quote, you may consult our lawyer vide our WhatsApp number as stated below.

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The above is the legal information we would like to share with our readers today with regard to the Frequently asked questions with regard to the Joint Petition for Divorce in Malaysia. If you have any legal questions or would like to engage a law firm to handle the divorce matter for you, you can contact us via WhatsApp: https://wa.link/q3kmv5

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