Generally, there are 2 types of divorce for the non-muslims in Malaysia, namely:-
Joint/Mutual Divorce
A joint/mutual divorce is filed when both parties JOINTLY OR MUTUALLY have agreed to dissolve their marriage in an agreed terms or manners. Essentially, there are some TERMS AND CONDITIONS that ought to be discussed leading to a mutual consensus between the husband and wife, namely, custody, care and control of the children, maintenance for wife and children and division of matrimonial assets. It is best to opt for joint/mutual divorce as this is the fastest process and most economical way to dissolve the marriage in Malaysia.
Single/Unilateral Divorce
In situation where both husband and wife cannot agree to any of the terms of divorce or where there is a total breakdown of communication between both parties, either party can file for single/unilateral divorce without obtaining the consent of the other party subject to the fulfillment of ONE OF THE CIRCUMSTANCES named below:-
(a) That one of the spouses has committed adultery;
(b) That one of the spouses has behaved in an unreasonable way to be expected to live together;
(c) That one of the spouses has deserted the other party for more than two (2) years; OR
(d) That both parties have separated or lived apart for more than two (2) years.
We will explain in great details on the requirements and procedures for joint/mutual divorce in our next post. Stay tune.
Comments