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How Do We Work
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1
APPOINTMENT AND DISCUSSION
Upon confirmation of our appointment, we will discuss your matter with you in detail. Once the divorce terms have been agreed, we will prepare the documents and process all the paperwork prior to your signing of documents. |
2
SIGNING OF DOCUMENTS
After the documents are prepared, usually within a few working days after confirmation of the divorce terms, we will make an appointment with you for the signing of documents. All the terms will be explained to you before signing. |
3
COURT HEARING
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 may be fixed for hearing within a few weeks after filing. |
4
COMPLETION
After the hearing of the matter by the court, we will process the remaining paperwork, which will involve the filing of the court orders and extraction of the same. Thereafter, we will submit the documents to JPN for update of your marital status. |
Frequently Asked Questions (FAQs)
Q1: How long does a joint petition for divorce usually take in Malaysia?
Most joint petitions are completed within 3 to 6 months from filing until the court issues the final order. The exact timing depends on the court’s schedule.
Q2: How long does a contested divorce take in Malaysia?
Contested divorces often take much longer, from 9 months up to 2 years or more, especially where there are disputes about child custody, division of matrimonial assets, or spousal maintenance.
Q3: Is there a compulsory waiting period before a divorce becomes final?
Yes. Even after the court grants a Decree Nisi, there is a 3-month cooling-off period before it becomes a Decree Absolute. This allows time for possible reconciliation.
In exceptional circumstances, the court may shorten or waive this period. Our lawyers will evaluate your case to see if you qualify.
Q4: Can I get divorced within the first 2 years of marriage?
Generally no. Under Malaysian law, you cannot file for divorce within the first 2 years of marriage unless you can prove exceptional hardship or depravity. Learn more: Divorce Within 2 Years of Marriage in Malaysia.
Q5: What usually causes divorce cases to take longer?
The main causes of delay are disputes over child custody, division of matrimonial assets, or maintenance. Court scheduling and backlogs can also extend the timeline.
Q6: Is it possible to finalise a divorce in less than 3 months?
By law, there is a minimum 3-month period between Decree Nisi and Decree Absolute. However, the court may allow an exemption in certain cases. Whether this is granted depends on the judge’s discretion and the strength of your reasons. We can advise you on whether applying is worthwhile.
Q7: Do both parties need to appear in court?
Yes, for a joint divorce both spouses must attend the hearing. For a single divorce, the petitioner must attend while the respondent may be represented by a lawyer.
Q8: Can cooperation between spouses speed up the divorce?
Absolutely. The more both parties agree on custody, property, and other terms, the quicker and smoother the process will be, especially in joint divorce cases.
Q9: Will engaging a lawyer help speed up the divorce?
Yes. Having a divorce lawyer ensures your documents are filed correctly, deadlines are met, and the case is managed efficiently, which reduces unnecessary delays.
Q10: How long does it take for my marital status to be updated at JPN after divorce?
Once the Decree Absolute is granted, your lawyer will submit it to the Jabatan Pendaftaran Negara (JPN). The update to your marital status usually takes a few weeks.
Q11: Can I get a divorce at JPN (Jabatan Pendaftaran Negara)?
No. JPN only records marriages and divorces after they are granted by the High Court. All non-Muslim divorces in Malaysia must go through the civil courts, not JPN. Read more: Can You Get a Divorce at JPN or Only Through the Court?
Q12: Can I get a divorce online in Malaysia?
Currently, there is no fully online divorce process. Divorce petitions must be filed in court. However, certain steps such as consultations or document preparation, can be handled online with your lawyer before the court hearing.
Most joint petitions are completed within 3 to 6 months from filing until the court issues the final order. The exact timing depends on the court’s schedule.
Q2: How long does a contested divorce take in Malaysia?
Contested divorces often take much longer, from 9 months up to 2 years or more, especially where there are disputes about child custody, division of matrimonial assets, or spousal maintenance.
Q3: Is there a compulsory waiting period before a divorce becomes final?
Yes. Even after the court grants a Decree Nisi, there is a 3-month cooling-off period before it becomes a Decree Absolute. This allows time for possible reconciliation.
In exceptional circumstances, the court may shorten or waive this period. Our lawyers will evaluate your case to see if you qualify.
Q4: Can I get divorced within the first 2 years of marriage?
Generally no. Under Malaysian law, you cannot file for divorce within the first 2 years of marriage unless you can prove exceptional hardship or depravity. Learn more: Divorce Within 2 Years of Marriage in Malaysia.
Q5: What usually causes divorce cases to take longer?
The main causes of delay are disputes over child custody, division of matrimonial assets, or maintenance. Court scheduling and backlogs can also extend the timeline.
Q6: Is it possible to finalise a divorce in less than 3 months?
By law, there is a minimum 3-month period between Decree Nisi and Decree Absolute. However, the court may allow an exemption in certain cases. Whether this is granted depends on the judge’s discretion and the strength of your reasons. We can advise you on whether applying is worthwhile.
Q7: Do both parties need to appear in court?
Yes, for a joint divorce both spouses must attend the hearing. For a single divorce, the petitioner must attend while the respondent may be represented by a lawyer.
Q8: Can cooperation between spouses speed up the divorce?
Absolutely. The more both parties agree on custody, property, and other terms, the quicker and smoother the process will be, especially in joint divorce cases.
Q9: Will engaging a lawyer help speed up the divorce?
Yes. Having a divorce lawyer ensures your documents are filed correctly, deadlines are met, and the case is managed efficiently, which reduces unnecessary delays.
Q10: How long does it take for my marital status to be updated at JPN after divorce?
Once the Decree Absolute is granted, your lawyer will submit it to the Jabatan Pendaftaran Negara (JPN). The update to your marital status usually takes a few weeks.
Q11: Can I get a divorce at JPN (Jabatan Pendaftaran Negara)?
No. JPN only records marriages and divorces after they are granted by the High Court. All non-Muslim divorces in Malaysia must go through the civil courts, not JPN. Read more: Can You Get a Divorce at JPN or Only Through the Court?
Q12: Can I get a divorce online in Malaysia?
Currently, there is no fully online divorce process. Divorce petitions must be filed in court. However, certain steps such as consultations or document preparation, can be handled online with your lawyer before the court hearing.
Get in Touch With Us
About Us.
We understand that every divorce is unique and that each client has their own specific needs and concerns. That's why our divorce lawyers work closely with each client to understand their situation and develop a customized strategy to best meet their needs.
Our team of lawyers is fluent in both English and Mandarin Chinese, making us the ideal choice for clients who speak either language. We are committed to providing our clients with the highest level of communication and understanding, ensuring that they are informed and involved every step of the way.
At TEH & YU, we understand that divorce can be a difficult and challenging time for our clients. That's why we work tirelessly to provide them with the support, guidance, and representation they need to navigate this process with confidence. If you're facing a divorce, let us help you make it as seamless as possible.
Our team of lawyers is fluent in both English and Mandarin Chinese, making us the ideal choice for clients who speak either language. We are committed to providing our clients with the highest level of communication and understanding, ensuring that they are informed and involved every step of the way.
At TEH & YU, we understand that divorce can be a difficult and challenging time for our clients. That's why we work tirelessly to provide them with the support, guidance, and representation they need to navigate this process with confidence. If you're facing a divorce, let us help you make it as seamless as possible.
