When couples mutually agree to part ways, they can file a joint petition for divorce under Section 52 of the Law Reform (Marriage and Divorce) Act 1976, which allows for the dissolution of marriage by mutual consent.
Navigate joint petition divorce with ease.
Who can initiate a joint petition?
Both parties must file the petition jointly, having been married for at least 2 years, with one party being a Malaysian citizen or domiciled in Malaysia. It’s important to note that mutual separation is not automatic; parties must prove to the court that there is a breakdown of marriage.
Understanding the terms and conditions of a mutual divorce.
Before the court grants a decree, couples must agree on terms and conditions for the mutual divorce. These typically cover spouse maintenance, distribution of matrimonial assets, and arrangements for the custody and care of any children from the marriage.
Parties applying for a mutual divorce are not obligated to undergo the usual marriage conciliation process or marriage counselling at the National Registration Department (a.k.a. “JPN”) before they can file a joint petition.
Therefore, the joint petition process is fairly quick and can be completed within 3 – 6 months.
Brief overview of the process
- Initial consultation
- Discussion of the terms and conditions for mutual divorce
- Drafting, signing and filing the joint petition at the High Court
- Attending court hearing
- Grant of Decree Nisi for divorce
- Updating divorce status at JPN after 3 months from obtaining Decree Nisi
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