Our lawyers regularly represent clients in family & divorce matters relating to non-Muslims at the High Court of Malaya in different states of Peninsular Malaysia, more particularly in the states of Penang, Kuala Lumpur, Selangor, Johor, Negeri Sembilan and Malacca.
If you have obtained a divorce order outside of Malaysia, we can also apply to the High Court of Malaya to get your foreign divorce order recognised and registered in Malaysia.
Our services include the following: -
HOW DO WE WORK?
APPOINTMENT AND DISCUSSION
Upon confirmation of our appointment, we will discuss your matter with you in detail. We will prepare the cause papers and process all the paperwork prior to your signing of documents.
SIGNING OF DOCUMENTS
After the documents are prepared, usually within 2 - 4 working days after appointment and discussion, we will make an appointment with you for the signing of documents. All the terms will be explained to you before signing.
Upon the signing of the documents, we will file the same to the court. The court will process the documents and a hearing date will be fixed. Depending on the schedule of the court, the matter will normally be fixed for hearing within 1 week to 2 months after filing.
After the hearing of the matter by the court, we will process the remaining paperwork, which will normally involve the filing of the court order and extraction of the same. This would usually take between 1 day - 6 weeks after the court hearing.
HOW DO I FILE A DIVORCE PETITION?
In Malaysia, there are generally two types of divorce petition: -
JOINT DIVORCE PETITION - HOW AND WHEN?
As long as the joint divorce petition is filed two (2) years after your marriage, the Court may make the order of divorce if both you and your partner freely consent to the divorce, and proper arrangement has been made for the wife and children (if any).
SINGLE DIVORCE PETITION - GROUND FOR PETITION?
Unlike a joint divorce petition, there must be a proof of breakdown of your marriage, that is to say, that there must be proof of: -
process and duration? WHEN CAN I REMARRY?
Joint Divorce Petition
Upon the filing of the joint divorce petition at the High Court, the hearing of your case will generally be fixed within 3-6 weeks. At the hearing of your divorce petition, a divorce order (decree nisi) may be granted if the Judge is satisfied that both parties have freely consented to the divorce and proper arrangement has been made for the wife and the children.
Single Divorce Peition
The duration of each case very much depends on the circumstances and the facts of a particular case. Upon perusing the documents and information from you, we will advise on the estimated duration accordingly.
When may you remarry?
You may remarry if you so wish after your marital status in the record of National Registration Department (Jabatan Pendaftaran Negara) has been updated. Please note that the decree absolute (or the decree nisi made absolute) shall be delivered to the JPN for purposes of updating your marital status in the JPN's record. Unless expressly granted by the Court, the decree nisi shall only be made absolute after the expiration of three (3) months from its grant.
COUPLE WITH CHILDREN - THINGS TO CONSIDER?
For couples with children, proper arrangement must be made for the support, care and custody of the children. It is strongly advisable for couples with children to discuss about the arrangement for the children. If you are unable to agree to it, the Court may decide on the matter having regard to the wishes of the parents (if any) and that of the children (if they are able to express independent opinion).
Below are the few points that you may wish to consider when discussing about the arrangement for the support, care and custody of your children: -