Marriage Counselling Before Filing A Single Petition Divorce In Malaysia
Marriage Counselling Before Filing A Single Petition Divorce In Malaysia
Have you been told to attend a marriage counselling in Malaysia before filing a single petition divorce in Malaysia?
When You Need To Go For Marriage Counselling
Under the Malaysia Law Reform (Marriage and Divorce) Act 1976 (‘the Divorce law’), parties must go through marriage counselling first before either party can file a single petition divorce in Malaysia. Such requirement is not necessary for a joint petition divorce where both parties agree to divorce and all its divorce terms.
If there is no agreement to divorce or there is no agreement in any of the term of divorce, you will be advised by your divorce lawyer to attend a marriage counselling with the JPN Marriage Tribunal.
Duration of Marriage Counselling With the JPN (Marriage Tribunal)
How long does it take to finish the said counselling with the JPN Marriage Tribunal?
The JPN Marriage Tribunal will usually arrange 3 sessions (within 6 months) for parties to attend the counselling sessions. This is usually done individually and in the presence of both parties in separate sessions.
After 3 sessions (within 6 months) of the said marriage counselling, if the JPN Marriage Tribunal fails to reconcile both of you or if any of the party is absent during the 3 sessions of counselling, they are required to issue a certificate and/or letter to certify that both parties cannot be reconciled.
Start Filing a Single Petition for Divorce
Once the certificate and/or letter is issued by the Marriage Tribunal, you can now send this certificate and/or letter to your divorce lawyer to start and file a single petition for divorce in Malaysia.
Essentially, this is important to convince and satisfy the High Court in Malaysia that the marriage is over and broke down irretrievably.
However, there are circumstances where either party may apply to the High Court for an exemption from attending a marriage counselling. Under the Divorce law, either party may apply for an exemption from attending the said counselling if any of the ground below can be proved:
Grounds for Exemption From Attending Marriage Counselling in Malaysia
a) where the petitioner alleges that he or she has been deserted by and does not know the whereabouts of his or her spouse;
b) where the respondent is residing abroad and it is unlikely that he or she will enter jurisdiction within 6 months next ensuing after the date of the petition;
c) where the respondent has been required to appear before a conciliatory body and has wilfully failed to attend;
d) where the respondent is imprisoned for a term of 5 years or more;
e) where the petition alleges that the respondent is suffering from incurable mental illness; or
f) where the court is satisfied that there are exceptional circumstances which make reference to a conciliatory body impracticable.
You may also speak to your divorce lawyer on what is your reason to get an exemption and your divorce lawyer shall advice and apply for an exemption on your behalf accordingly.
It is advisable to first seek advice from our divorce lawyer and determine what is the best course of action before you file a single petition for divorce in order to save time and cost.
Hi. I have question about this: “if any of the party is absent during the 3 sessions of counselling” – If my wife want to file for divorce and me (husband) received letter to attend counselling but my wife didn’t attend one the sessions, does this mean that my wife will get the certificate from Marriage Tribunal? If wife filing for divorce didn’t attend counselling but husband who doesn’t want divorce attended all the counselling can the wife still get the certificate? Please advice, thank you.
Hi Mr Chiam,
Both parties must attend the marriage counselling and the tribunal must be satisfied that both parties cannot be reconciled before issuing a certificate. In your case, the marriage tribunal may still issue a certificate if either party decided not to attend the session for 3 times.
Hi Max. Thank you for replying.
So if the tribunal decide to issue the certificate, can I use this certificate to start a single petition? My wife is the one that applied for marriage counselling, not me.
Hi Chiam,
Yes, you may start a single petition once the marriage tribunal issues the certificate.
Hi Max, if i initiate the marriage counselling and don’t attend the counselling sessions. Do i still get the tribunal certificate in the end ? Thanks.
Hi Jack,
If you initiate the process, you must attend the said counselling by JPN in order for them to issue you the relevant certificate (commonly known as KC28 or KC29) before you can start the single petition for divorce in Malaysia.
You may WhatsApp us at 0169473338 for more info if necessary. Thank you.