We live in the digital age where it is easy for us to go to social media platforms and interact with a lot of people. According to recent studies, such activities may result in the dissolution of marriages and it makes both spouses unhappy with their partners.
That being said, some would just fall out of love because of the many factors that may affect the marriage such as committing adultery, flirting with people of the opposite gender, among many other things.
In Malaysia, there are over 120 divorce cases being done every 10 minutes and this is actually quite alarming. You could say that it is just being balanced out by the number of marriages that are also happening in roughly an equal rate, but it still doesn’t erase the fact that divorces can happen more rampantly now.
In the event that you are in an unhappy relationship and you (or both of you) decides to file for divorce, then you need to read the rest of the article to find out that things that you need to know before getting divorced in Malaysia.
Keep in mind that you will need legal representation, which is why you need to get the services of divorce law firms in the country.
Before I begin, this article mainly revolves around divorces for non-Muslim couples. If you and your partner are of Muslin faith, you will have different requirements and your case will be subject by Shariah law.
Divorce by Mutual Consent
If the dissolution of marriage is by mutual consent, meaning both parties agreed to this, then they can just appoint one attorney for both of them and the process will be much smoother.
It will take around 6-9 months in total depending on the complexity of the case. The court will grant both partners to agree upon certain terms, especially when it comes to the division of matrimonial properties, as well as the care and custody of their children.
Remember that you can only file for divorce by mutual consent when you are married to your partner for at least two years.
The basic procedure would be that both of you will sign the divorce petition and any other documents that can help the case. The court will then decide on a hearing date and after the proceedings, it will issue a decree nisi. If three months have passed and there are no objections hurled by both parties, then the divorce is deemed absolute.
Divorce by Single Petition
If the dissolution of marriage is only initiated by a single party, meaning either of the parties but not both, then they will be required to apply to the marriage tribunal at Jabatan Pendaftaran Negara.
The reason why you need to apply for the tribunal is that it will act as the counselor that will provide guidance to both parties and to somehow reconcile their differences and hopefully fix the marriage.
However, if no reconciliation happens, then further measures will be taken. The tribunal will create a letter stating that both parties failed to reconcile and would take the action to the court. Just remember that if you are to divorce your partner this way, it will take a very long time.