It is best to opt for joint/mutual divorce if both husband and wife are able to come into consensus on the terms of the divorce. The reason for this is that joint/mutual divorce is the fastest process and most economical way to dissolve the marriage in Malaysia. Of course, when both parties are in negotiation process, they should compromise each other and never take a win-lose approach in setting down the terms of the divorce. Now, let’s look at the requirements and procedures for joint/mutual divorce in Malaysia.
REQUIREMENTS
Notwithstanding the fact that joint/mutual divorce is the simplest and fastest process to dissolve the marriage, there are still some requirements to be satisfied prior to the filing of the joint/mutual divorce, for instance:-
(a) The marriage must be registered or deemed to be registered in accordance to the law in Malaysia;
(b) Both parties have been married for not less than two (2) years (except for situation where the parties are able to prove one of exceptional circumstances or hardship suffered by them);
(c) Both parties must be domiciled in Malaysia; and
(d) Both parties must have agreed and consented to all the TERMS AND CONDITIONS for divorce, ie, custody, care and control of the children, maintenance for wife and children and division of matrimonial assets.
PROCEDURES
The entire process of a joint/mutual divorce would take approximately 3 months depending on the number of divorce cases filed in the Court during that period of time. Generally, the procedures for joint/mutual divorce are as follows:-
1. Provide relevant details and supporting documents to your lawyer to prepare the cause papers (documents to be signed by both parties) for joint/mutual divorce.
2. Upon signing of the cause papers, your lawyer will then file them to the High Court.
3. The Court will fix hearing for the joint/mutual divorce within 1-2 months after filing of the cause papers.
4. Once the hearing date is fixed, you will be informed by your lawyer where both you and your spouse are required to attend to the Court on the hearing date. However, the attendance of either party can be exempted with reasonable excuse in some special circumstances.
5. During the hearing, your lawyer will read to you the TERMS AND CONDITIONS for the joint/mutual divorce.
6. The learned High Court Judge will grant the divorce order (in legal term known as “Decree Nisi”) after obtaining oral confirmation from you and your spouse on the terms and conditions of the joint/mutual divorce during the hearing.
7. After the hearing, the divorce order/Decree Nisi will be finalized (in legal term known as “made absolute”) after three (3) months from the date of the divorce order/Decree Nisi. Thereafter, the husband and wife will officially be divorced. However, the three (3) months period can be waived with a good reason provided to the Court.
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