Negotiation of Divorce Terms in Malaysia
You may both agree that the marriage should end, but still disagree on the terms of the divorce.
Our divorce lawyers can assist with negotiations concerning children, maintenance, matrimonial assets and other divorce arrangements, with the aim of identifying whether mutually acceptable terms can be reached before the matter becomes more contentious.
Agree to Divorce, But Not Yet on the Terms?
Reaching a decision to divorce does not necessarily mean that both spouses will immediately agree on every aspect of the separation.
There may still be important discussions concerning the children, maintenance, matrimonial properties, financial arrangements and other terms to be incorporated into the divorce.
Where there remains a realistic possibility of agreement, negotiations between the parties or their respective lawyers may help clarify the outstanding issues and determine whether a mutually acceptable arrangement can be reached.
If agreement can ultimately be achieved on the divorce and its terms, the parties may be able to proceed on an agreed basis rather than litigating every issue before the Court.
- Both spouses are generally willing to divorce
- Some divorce terms remain unresolved
- There is disagreement over the children
- Maintenance remains to be discussed
- There are matrimonial properties or other assets
- One party has proposed terms that the other does not accept
- You wish to explore settlement before contested proceedings
What Divorce Terms Can Be Negotiated?
The issues requiring discussion depend on your particular family and financial circumstances.
Children
Discussions may include custody, care and control, access, living arrangements, schooling, holidays, travel and other practical arrangements concerning the children.
Child Maintenance
The parties may discuss the children's ordinary expenses, education, medical expenses, extracurricular activities and other financial responsibilities.
Spousal Maintenance
Where maintenance is relevant, negotiations may concern the amount, duration, method of payment and other appropriate terms having regard to the circumstances of the parties.
Matrimonial Assets
Discussions may involve matrimonial properties, loan liabilities, bank accounts, investments, businesses, vehicles and other assets that need to be addressed upon divorce.
Every negotiation is different. The appropriate terms should be considered in light of the legal position, the available evidence and the practical circumstances of both parties.
Why Consider Negotiating Before Going Further?
Divorce proceedings can become significantly more complex when the parties are unable to agree on the terms of separation.
Where settlement remains possible, negotiations may allow the parties to identify the real areas of disagreement and explore whether those issues can be resolved without requiring the Court to determine every disputed matter.
Negotiation can also give each party an opportunity to obtain legal advice before accepting or rejecting proposed arrangements involving children, maintenance or matrimonial assets.
Negotiation does not mean that you must accept terms that you consider inappropriate. The purpose is to explore whether a workable and legally appropriate resolution can be reached.
How Divorce Negotiations Generally Proceed
The approach will depend on the issues involved and the position taken by both parties.
Understand Your Position
We review your circumstances, priorities, concerns and the existing proposals made by either party.
Identify the Issues
We identify the matters already agreed and those that still require negotiation.
Negotiate the Terms
Proposals and counter-proposals may be exchanged with the other party or their appointed solicitors.
Determine the Next Step
If terms are agreed, the parties can consider the appropriate divorce documentation. If not, further legal options can be assessed.
Negotiations Through Divorce Lawyers
Where appropriate, negotiations may be conducted through correspondence between the parties' respective divorce lawyers.
This may involve setting out your proposed terms, responding to proposals received from the other party, making counter-proposals and identifying the matters that remain unresolved.
Legal correspondence can also help ensure that proposed arrangements are expressed clearly and that you understand the implications of the terms being discussed before committing to them.
Where the other spouse has already appointed a lawyer, we can communicate directly with the appointed solicitors once formally engaged to act for you.
What Happens After Negotiation?
Negotiations can lead to different outcomes depending on whether agreement is ultimately achieved.
Full Agreement
If both spouses agree to the divorce and all relevant terms, they may consider proceeding with the appropriate agreed divorce documentation.
Partial Agreement
The parties may agree on some issues but remain apart on others. Further negotiations or other dispute-resolution steps may then be considered.
No Agreement
If settlement cannot be reached, legal advice can be obtained on the appropriate next step, including whether contested divorce proceedings should be considered.
Do Not Agree to Divorce Terms Without Understanding Them
A proposed arrangement may have consequences that continue well after the divorce itself has been completed.
This can be particularly important where the proposal concerns matrimonial properties, financial liabilities, maintenance obligations, custody arrangements or ongoing access to children.
Before accepting terms proposed by your spouse or their lawyer, consider obtaining independent legal advice on what those terms mean and how they may affect you.
Discuss the Proposed Divorce Terms With a Lawyer
If you have received a proposal from your spouse, are considering making your own proposal, or are unsure what terms would be appropriate, you can arrange a legal consultation with our divorce lawyer.
- Review the issues currently in dispute
- Discuss proposed divorce terms
- Children and access arrangements
- Maintenance considerations
- Matrimonial asset arrangements
- Possible settlement options
- Negotiation strategy and next steps
- Likely legal fees if further work is required
The consultation is non-obligatory. No solicitor-client relationship arises unless and until TEH & YU formally accepts the engagement.
Frequently Asked Questions
Can lawyers negotiate the divorce terms for us?
Yes. Where appropriate, each spouse may appoint their own lawyer and negotiations can be conducted between the parties through their respective solicitors.
What if my spouse and I already agree to divorce?
Agreement to end the marriage is only one aspect of the matter. If there are children, maintenance or matrimonial assets, the relevant arrangements may still need to be discussed before appropriate divorce documents can be finalised.
What if we agree on everything except one issue?
Negotiations can focus on the remaining issue. It is not necessary for every point to be disputed before legal assistance with negotiations can be useful.
Can I negotiate matrimonial assets before filing for divorce?
The parties may discuss proposed arrangements before filing. However, the legal implications and appropriate documentation should be considered carefully before any final agreement is made.
Can I change my mind after making a proposal?
Whether a proposal can be withdrawn or varied depends on the circumstances, including whether it has already been accepted or formally incorporated into an agreement or court process. Obtain legal advice before taking further steps.
What happens if negotiation fails?
If the parties cannot reach agreement, the next step depends on the circumstances. Further negotiations, mediation or contested divorce proceedings may need to be considered.
Does negotiation guarantee that we will settle?
No. Negotiation provides an opportunity to explore settlement, but neither party can be compelled to accept proposed terms merely because negotiations have taken place.
Still Unable to Agree on the Divorce Terms?
Speak with our divorce lawyer about the issues in dispute and understand the options available before deciding how you wish to proceed.
The information provided on this page is general information only and does not constitute legal advice. The appropriate legal position, procedure and terms depend on the particular facts and circumstances of each matter.