4 Steps On How To Apply For Divorce Yourself In Malaysia

4 STEPS ON HOW TO APPLY FOR DIVORCE YOURSELF IN MALAYSIA

A joint petition is the quickest way to get divorced in Malaysia. Every couple is entitled to represent themselves in court for an uncontested divorce provided that the marriage is more than 2 years and parties are domiciled in Malaysia.

Although it may not be as easy as you think of, a joint petition for divorce is not a rocket science especially when you will be guided through the following steps / procedures:-

A) Preparation of the necessary documents

As long as both parties are not disputing anything and can agree mutually on all the terms including the custody of child(ren), the maintenance for spouse and child(ren) respectively and the arrangement of the matrimonial property(ies) after divorce (such as, sell it or retain it), self-representation in court for uncontested divorce matters is possible.

Next, the marriage certificate, the birth certificate(s) of the child(ren) and the sale and purchase agreement together with title of the matrimonial property are required prior to the preparation of documents. Upon obtaining all the relevant documents and information, the following documents will be prepared for both parties’ confirmation:

• draft of joint petition for divorce;
• draft statement as to arrangement for child(ren); and
• draft affidavit in support for both parties.

The documents listed above will be prepared in national language i.e. Bahasa Malaysia, hence parties opt for self-representation must be able to read and understand Bahasa Malaysia.

B) Signing and filing of the executed documents

The documents listed in i) to iii) above will be faired and finalised after both parties agree on the same. Then, hardcopies of the same documents will have to be signed and get them affirmed in front of a commissioner for oaths (if signed within Malaysia) or a consular officer in Malaysia Embassy (if signed overseas). After signing, parties will have to file the documents with the registrar in court for their review and processing.

C) Court hearing

Generally, the court will announce the date of hearing within 2-4 weeks from the date of filing of your documents. On the hearing day itself, both parties are required to be present and representing yourself in court.

Script will be provided but you will have to do your homework prior to the hearing, such as familiarise yourself with the terms agreed upon in the documents. If everything is in order, the judge will grant a Decree of Divorce (gives a divorce order) during the hearing and please take note that, divorce will only be made absolute (final) after 3 months from the date the judge grants the Decree of Divorce (the 3 months’ period is so called the reconciliation period).

The reconciliation period may be shortened provided that you highlight the urgency / strong reason to the judge during the hearing.

D) Post hearing

The court will issue a divorce certificate after the Decree of Divorce be made absolute (final) at the expiry of the reconciliation period. Next, the divorce certificate will be required for registration purposes at National Registration Department (Jabatan Pendaftaran Negara) Putrajaya.

You are officially divorced after JPN updated their registry (normally it will be updated instantly if you submit the certificate personally).

Last but not least and as a gentle reminder, represent yourself in a joint petition for divorce only if you really can’t afford a lawyer. Further, if your divorce is involving numerous disputed issues and of complicated nature (or not that straightforward), it is highly advisable to seek for legal representation to avoid your stress and unnecessary risks.

Fill in the form below to file for divorce yourself in Malaysia and we will assist to draft all legal documents, providing guidance and legal assistance at a nominal fee to help you save time and cost.