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UNCONTESTED DIVORCE
IN 
MALAYSIA

What You Need to Know About
Uncontested Divorce in Malaysia

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Areas of Expertise in Family Law

If you and your spouse have reached a consensus on all children's issues such as children's custody, care and control, maintenance and visitation rights, matrimonial assets division, and wife maintenance, then the divorce would be uncontested as there are no issues to be contested. 

In Shang & Co. we are skilled in negotiating terms for our clients by taking into consideration our client's current and future financial position and plans.

If your spouse failed to respond to your petition, or that the marriage is dissolved on the ground of desertion and that he/she is nowhere to be found, then such divorce is also known as an uncontested divorce.

To know more about uncontested divorce click here.

 
 
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Shayne Thum

Partner

(Mont Kiara)

 

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Uncontested Divorce in Malaysia

What is an uncontested divorce?


A divorce is uncontested if:- i. both husband and wife have reached a consesus on all issues such as children's custody, care and control, maintenance and visitation rights, matrimonial assets division, and wife maintenance; or ii. when you serve a Petition to your spouse, he/she failed to attend to Court; or iii. you have been deserted by your spouse. To know more about desertion, click here.




Both my husband and I have been married for less than 2 years. We have agreed on the divorce and all the terms. Can we proceed to file an uncontested divorce?


No. If your marriage is less than 2 years, you cannot file for divorce even if both you and your spouse have mutually agreed to it. You may consider filing a Judicial Separation and file for a divorce petition 2 years from the date of your marriage.




Is there a requirement to attend for reconciliation process in the marriage conciliatory body prior to presenting a joint petition?


No. Parties are not required to attend the reconciliation process prior to presenting a joint petition. The certificate from the marriage conciliatory body is not required for filing a joint petition.




Do I need to present on the hearing date of the joint petition?


Both parties and their lawyer shall attend on the hearing date, unless there is a valid reason for the court for dispensation of attendance.




Is it necessary to separate before divorce?


There is no requirement for husband and wife to be separated prior filing for divorce. The same applies to filing for divorce petition against your spouse in a contested divorce.




Do I need to find fault with my spouse for uncontested divorce?


No. There is no need to state and mention what caused the breakdown of the marriage and whose fault it is, unlike a contested divorce.




What is the process of a joint petition?





Do I need to attend the Court in an uncontested divorce?


Yes. You are required to attend the open court to obtain a Decree Nisi (an order to dissolve your marriage which is to be made absolute after the expiration of a time period, usually 3 months, or lesser if the Court approved).
However, amid the pandemic, it is common for such hearing to be made online instead of physical attendance.




What can I do so that my spouse and I are able to reach consensus in our divorce terms?


It is very common for our clients to seek our assistance in representing them to negotiate divorce terms with their spouse or lawyer. Once both parties are able to reach mutual agreement, then the lawyers will proceed to draft and file the Petition in the Court.




My spouse has deserted/abandoned me. Can I file for divorce?


You may file for divorce if your spouse has abandoned you for two continuous years and such desertion is deemed to be the breakdown of marriage. You will need to prove to court that:- i. there is physical separation of between you and your spouse; ii. the intention of the part of the deserting spouses to remain separated permanently; iii. you do not consent to the desertion; and iv. absence of any reasonable cause for withdrawing from cohabitation on part of the deserting spouse.





Regene Ng

Partner

(Mont Kiara)

 

CLICK HERE

Want to know more?

 
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  By: Dato Chris & Dato Fion  

A complete hands-on guide with insights, procedures, and samples on family law practice to be used by judiciary, legal practitioners, students, or anyone who wants to know more about  Malaysia family law.