Malaysia divorce lawyer - Type of Divorce in Malaysia (Non-Muslim)

1) What is the procedure to file a divorce?
Generally, there are two types of divorce:-
(a) Joint Petition
-both parties that are agreeable to the divorce and terms such as arrangement on the property, custody & maintenance of the children etc.
(b) Single Petition
-for a spouse that agrees to the divorce and the other spouse disagrees with the divorce

2) How to file a Joint Petition?
i) to engage a lawyer.
ii) to prepare the basic documents such as marriage certificate, identity cards, birth certificates (of children, if any) and etc.
iii) both spouses will have to discuss about the terms such as maintenance, custody, division of assets and etc. All these will be stated in the joint petition.
iv) the process will normally take a few months.
v) both spouses will have to attend to the Court.

3) How to file a Single Petition?
i) to engage a lawyer
ii) both spouses will meet up before the Marriage Tribunal. A certificate of Tribunal will be issued in the event that the Tribunal is not successful in bringing both the spouses back together. However a spouse may apply to the Court for exemption of the meetings in certain situations.
iii) The proof of complete breakdown of the marriage and other details will be stated in the single petition. This petition will then be served to the other spouse. The other spouse will then have to answer to the petition that is served.
iv) Normally this process will take quite a long time.

The above information is intended for educational or reference purposes only as such it should not be used to inform or affect any personal decisions or for any personal use. If you are in any doubt, please contact us for further information.