What are the requirements for filing a joint petition?
The prerequisite to filing a joint petition is for parties to achieve a mutual understanding and agreement on key issues pertaining to the marriage e.g. child custody, care and control, maintenance, division of matrimonial assets etc.
Parties need not first refer their case to the marriage tribunal however, at the time of filing the petition a duration of two years must have expired from the date of the marriage.
Parties will also need to appoint a law firm to prepare and file the joint petition. It is common for both parties to appoint one law firm to act for them however, there may be instances where each party appoints their own lawyers or where one party chooses not to appoint a lawyer.
What is the process of filing a joint petition?
The process of applying for a mutual divorce by joint petition involves the following key steps:
1. Preparing and filing the Joint Petition
The joint petition formalises the key issues pertaining to the marriage which have been mutually agreed upon by parties.
These issues include division of matrimonial assets, child custody, care and control, guardianship, child access arrangements, child maintenance, spousal maintenance etc.
At this stage, if any disagreement arises which cannot be resolved, the joint petition will not be capable of being finalised and parties will have to consider a single petition instead.
The joint petition is supported by an affidavit verifying the petition which is deposed by both petitioners.
If there are children of the marriage, a statement regarding arrangements for th echildren must be filed.
Once all documents are filed in court, a hearing date will be fixed for the petitioners to appear before the court.
2. Attending the divorce hearing
At the hearing, court will seek confirmation from the parties on their intention for mutual separation.
If the court is satisfied that the application is in order, the court will pronounce and order for the divorce based on the terms of the joint petition.
At this stage, the order for divorce is in the form of a conditional order known as a decree nisi.
The decree nisi states the date on which the marriage will be dissolved unless a good reason is given against the dissolution of the marriage.
3. Making the decree nisi absolute
The marriage is only dissolved once the conditional decree nisi is made absolute.
This is done by filing a notice to make the decree nisi absolute together with a certificate to make the decree nisi absolute.
The court will then seal the certificate declaring that the decree nisi has become absolute.
4. Updating marriage records
The divorce order does not automatically update your marital records kept at the national registration department (JPN).
The decree nisi together with the sealed certificate to make the decree nisi absolute should be submitted to the registry of marriage and divorce at JPN, to request for the marital status to be updated.
Once this is completed, JPN will issue a letter confirming that their records have been updated thus finalizing the divorce process.
Conclusion
Mutual divorce by joint petition provides couples in Malaysia with a faster, less stressful, and more cost-effective way to dissolve their marriage when both parties agree.
It avoids lengthy court battles and allows spouses to settle important matters such as child custody, maintenance, and division of assets in a cooperative manner.
Still, it is crucial to have the guidance of an experienced divorce lawyer in Malaysia to ensure that your rights are protected and that all legal requirements are properly fulfilled.
If you are considering a mutual divorce in Seremban or anywhere in Malaysia, our family law practitioners are here to guide you through the process and provide clear, practical advice every step of the way.
