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What is a Joint Petition for Divorce: Divorce Process in Malaysia

January 18, 2025January 18, 2025 by Max Tamin BlogsLeave a Comment

Joint petition for divorce in Malaysia in the KL Family Court by TYH & Co. Best Divorce Lawyer in Malaysia

You may have heard this a lot. Do you want to file a joint petition or single petition for divorce? Something that a lawyer will ask when you asked for a divorce. But what is a joint petition for divorce under the divorce process in Malaysia?

Joint Petition for Divorce for Non-Muslims

As the name suggests, a joint petition for divorce is akin to filing an application for divorce by both parties jointly in Malaysia for non-Muslims. A divorce lawyer will first assist to get details on the agreed terms between both the husband and wife before preparing the divorce petition. This document is known as a joint petition.

Process of Joint Petition for Divorce in Malaysia

Then, both the husband and wife will proceed to sign the divorce petition (or joint petition) jointly on all the agreed terms. The joint petition for divorce will lay out all the essential terms that parties must come to an agreement on. This includes custody of children, maintenance of children, alimony of spouse, and division of matrimonial assets. Of course, you can add on additional terms relevant to the divorce as long as it is agreed by both parties voluntarily.

Divorce Hearing (Court Hearing)

Subsequently, the signed joint petition for divorce will be filed to the Court in Malaysia and the Court shall fix a hearing date (divorce hearing) where both the husband and wife must attend the divorce hearing together with your divorce lawyer in Malaysia. During the divorce hearing, the Court will review the divorce terms accordingly and shall make necessary amendments, if needed.

In KL & Selangor, there are dedicated Family Courts (Mahkamah Keluarga) that primarily handle divorce and family law related cases for non-Muslims. For other states out of KL & Selangor, divorce and family related cases are handled by the civil courts.

Post Divorce Hearing

If all the divorce terms are agreed voluntarily and the Court is satisfied that the divorce terms are reasonable, the Court shall grant a divorce order (known as decree nisi which is a provisional or temporary order for divorce). This shall be official 3 months later where a divorce certificate will be issued then (known as decree nisi absolute under the law).

To avoid any confusion, here are the terms usually used in the Malaysian Courts for divorce documents since the documents must be in our national language i.e. Bahasa Malaysia:

Joint Petition: Petisyen Bersama
Decree Nisi: Dekri Nisi (Provisional/Temporary Divorce Order)
Certificate of Decree Nisi Made Absolute: Sijil Menjadikan Dekri Nisi Mutlak (Divorce Certificate)

Joint Petition or Single Petition for Divorce in Malaysia

It is worth noting that filing a joint petition for divorce saves time and cost in Malaysia. So, if either one of the parties does not agree to the divorce for any reason, it is advisable to first seek for a divorce settlement in order to save time and cost for a divorce rather than initiating a single petition for divorce directly. You may read here to find out more on the guide for joint & single petition for divorce in Malaysia.

Other than that, a joint petition for divorce does not require parties to provide any reason for divorce (no-fault divorce) and there is no need to attend any marriage counselling as long as the marriage is more than 2 years.

Conclusion

Remember to always seek for a joint petition, if possible, in order to end the marriage peacefully. It is not about winning the other party but achieving a mutual resolution for parties to move forward. Seeking an experienced divorce lawyer in Malaysia is crucial to ensure that the divorce process can be processed smoothly.

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How to Find the Best Divorce Lawyer in Malaysia

November 27, 2024 by Max Tamin BlogsLeave a Comment

How to Find the Best Divorce Lawyer in Malaysia

Divorce is one of life’s most challenging events, and having the right divorce lawyer by your side can make the process smoother. But how do you find the best divorce lawyer in Malaysia? Here are some practical tips to guide you.

Look for Experience in Divorce & Family Law

Divorce cases can be complex, especially when children, property, and financial matters are involved. A divorce lawyer with significant experience in family law will understand how to handle these issues effectively. Ask potential lawyers about their experience with similar cases and how they approach contested divorces versus uncontested ones.

Check Their Reputation

A good divorce lawyer will have a strong reputation for professionalism and reliability. Look for online reviews, testimonials, or referrals from friends or family who have been through a divorce. This will give you an idea of what to expect.

Ask About Their Approach

Each lawyer has a unique approach to handling cases. Some may prefer mediation and settlement, while others are prepared for aggressive litigation if necessary. Choose a lawyer whose style aligns with your needs and goals for the divorce.

Understand Their Fees

Legal fees can vary widely between law firms. Ensure you have a clear understanding of their fee structure before you commit. Ask if there are fixed fees for uncontested divorces or hourly rates for contested cases. Transparency about costs will help you avoid surprises later.

Evaluate Their Communication

A good lawyer will take the time to listen to your concerns, explain the legal process in simple terms, and keep you informed about the progress of your case. If a lawyer is difficult to reach or doesn’t provide clear answers, they may not be the best fit.

Why Choose Our Law Firm?

At Tam Yuen Hung & Co., we understand how stressful and emotional divorce can be. That’s why we strive to provide personalized, high-quality service for every client. Here’s what sets us apart:

Team Support for Contested Cases
For contested divorces, we usually assign at least two lawyers to work on your case. This ensures that all aspects of your case are handled thoroughly and efficiently.
Limited Caseload
We accept only a limited number of cases at one time to maintain our high standards of service. This allows us to give each client the attention and focus they deserve.
Extensive Experience
With over 2,000 divorce cases handled, we have the expertise to guide you through even the most challenging situations. Whether you need help with a joint petition or single petition divorce, our team is ready to assist.

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Quick Divorce Information for Non-Muslim in Malaysia

July 12, 2024July 14, 2024 by Max Tamin BlogsLeave a Comment

Quick Divorce Information for Non-Muslim in Malaysia

Are you going through a difficult time of your life now due to marital problems? You are not alone. Get quick divorce information for non-Muslim in Malaysia below.

With proper planning and discussion with your spouse, both of you can make it less painful and move forward to lead a better life ahead. Hence, getting the right legal support is crucial.

Purpose of this article is to provide more information on the essentials that you need to know to get a divorce in Malaysia in simple terms.

Quick Information on Divorce Law

Marriage must be registered for more than 2 years. If your marriage is less than 2 years, you may consider annulment or apply for special permission to get a divorce (must show special circumstances).
Generally, it is always advisable to seek for divorce settlement rather than fighting in the Court to save time and cost.
Divorce terms can be complicated. But the main essential terms that must be agreed upon are custody of children (if any), amount of maintenance for children (if applicable), maintenance for wife (or alimony) and division of assets (matrimonial assets).
The Court shall award the custody of children below the age of 7 to the mother. Only in special circumstances where the father will get the custody of children (for instance, if the mother is abusive).
Amount of maintenance for children and wife must be decided based on means and needs. In short, the amount must be reasonable taking into account the needs of the parties and affordability of the provider.
Division of assets (matrimonial assets) can be complex since there may be many deciding factors. In general, contribution of parties will be assessed. Contribution can be in form or monetary or non-monetary (such as taking care of the family being a housewife).
Any parent without the custody of the children must be given reasonable visitation rights. Only in special circumstances where access will be denied (such as abusive parent).
No need to show ground for divorce for joint petition. On the other hand, applicant must show ground for divorce for single petition.

Quick Information on Divorce Process

Joint Petition (mutual divorce) is generally faster and more cost effective than Single Petition (non-mutual divorce).
For joint petition, parties must sign divorce papers and attend the court hearing (usually 1 time only). Your divorce lawyer shall facilitate for the whole process.
For single petition, the applicant must sign the divorce papers and attend the court hearing. The respondent need not attend as long as the Court is satisfied that he/she is properly informed about the divorce proceedings against him/her. (Take note that single petition for divorce is generally a more complex process and this is only a general guide. In short, one can always file for single petition if his or her spouse does not agree to the divorce or went missing).
Marriage counselling (advisable with Jabatan Pendaftaran Negara) is required before filing for single petition. On the other hand, no need to go for counselling if the divorce is mutual (Joint Petition).

The divorce process and law in Malaysia for non-Muslim can be complicated and confusing. The above information should be taken as a general guide. Therefore, it is always advisable to speak to the right divorce lawyer in Malaysia to understand your needs and rights better in order to save you time and money during this emotional period.

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A Simple Guide to Divorce in Malaysia

January 15, 2024July 14, 2024 by Max Tamin BlogsLeave a Comment

A Simple Guide to Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Facing the end of a marriage can be emotionally and legally complex. This is especially true in Malaysia, where the process of divorce has its own specific procedures and regulations. This guide aims to simplify the divorce process in Malaysia, providing you with a clear understanding of the steps involved, your rights and responsibilities.

Grounds for Divorce

In Malaysia, there are 2 main ways to obtain a divorce:

Mutual Consent: This is the fastest and most straightforward option. Both spouses must agree to end the marriage and have reached a settlement on all matters related to child custody, property division, and financial support. No reason for divorce is needed if the divorce is mutual.
Irretrievable Breakdown of Marriage: If mutual consent is not possible, you can file for divorce based on grounds that prove the marriage has broken down irretrievably. These grounds include:
- Adultery
- Unreasonable behaviour
- Deserted for more than 2 years
- Live in separation for more than 2 years

Steps in the Divorce Process

Consult a Lawyer: Engaging a qualified divorce lawyer is crucial. They can guide you through the legal complexities, ensure your rights are protected, and represent you in court.
Attend Counselling (only if the divorce is not mutual): This requirement under the law can help explore reconciliation possibilities and prepare you for the emotional impact of divorce.
File a Divorce Petition: Your divorce lawyer will draft and file a petition for divorce with the Court. This document outlines the grounds for divorce, proposed settlements for child custody, property division, and financial support.
Court Hearing: The court will hear both sides of the case and assess the evidence presented. If the court is satisfied with the grounds for divorce and the proposed settlement is fair, a decree nisi will be granted.
Decree Nisi: This is an interim order that allows reconciliation that lasts 3 months. After 3 months, the decree nisi becomes absolute, finalizing the divorce.
Update of Divorce Status: Your divorce lawyer will update Jabatan Pendaftaran Negara (JPN) Malaysia on your divorce status.

Additional Considerations

Child Custody: If you have children, reaching an amicable agreement on their custody is essential. The court will prioritize the best interests of the child when making a custody decision.
Property Division: Assets and liabilities acquired during the marriage will be divided fairly between the spouses. This may involve negotiations, mediation, or court orders.
Financial Support: One spouse may be entitled to financial support from the other, depending on their income and needs under the law in Malaysia.

By understanding the legal process and seeking professional legal guidance, you can navigate this challenging time with confidence and focus on rebuilding your life. Remember, you are not alone in this journey.

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Joint and Single Petition Divorces: Do You Need Your Own Lawyer?

December 16, 2023July 14, 2024 by Max Tamin BlogsLeave a Comment

Joint and Single Petition Divorces in Malaysia Do You Need Your Own Lawyer by TYH & Co. Divorce Law Firm in Malaysia

Ending a marriage in Malaysia, like most life events, can feel like going through a complex maze. You’re facing emotional turmoil, navigating legal procedures, and making crucial decisions about your future.

One of the first questions that pops up: Do I need my own lawyer for a divorce, especially if we’re filing a joint petition?

Understanding the Divorce Landscape: Joint vs. Single Petition

In Malaysia, you have two main divorce paths: joint petition and single petition.

Joint Petition: This option is ideal for couples who have reached a mutual agreement on the divorce terms, including child custody, property division, and financial settlements. It’s a faster and generally cheaper option compared to a single petition.

Single Petition: This route is chosen when there’s no agreement on the divorce terms, or one spouse refuses to cooperate. It’s a more complex and lengthy process, often involving court hearings and legal battles.

Can Both Parties Hire a Divorce Lawyer?

Now, the big question: Can you share a divorce lawyer with your soon-to-be ex in a joint petition? The answer is yes. Sharing a divorce lawyer is feasible assuming both parties have agreed to all the divorce terms and there is no dispute in between.

When Shared Representation Might Work:

In some cases, shared representation may be suitable if:

The divorce is amicable, and the terms are straightforward.
Both parties trust the lawyer and their ability to act fairly.
You’re confident you can communicate openly and honestly with your ex through the lawyer.

While sharing a lawyer may be a cost-saving measure, having your own lawyer offers significant advantages:

Independent Representation: You have your own divorce lawyer fighting for your specific interests and ensuring your rights are protected.
Personalized Guidance: You get individual attention and can openly discuss your concerns without fear of judgment or bias.
Confidence and Clarity: You have someone to explain legal complexities, guide you through the process, and answer your questions honestly.
Negotiation Expertise: Your lawyer can negotiate effectively on your behalf to ensure a fair and beneficial settlement.

Single Petition: Always Separate Lawyers?

In a single petition divorce, both parties must appoint their own divorce lawyer each. This ensures each spouse has their own legal counsel and protects their individual interests throughout the divorce proceedings.

Moving Forward with Divorce

Ultimately, the decision of whether to share a lawyer or have your own in a joint petition is a personal one. Consider the complexity of your divorce, your individual needs, and the level of trust you have in your soon-to-be ex.

Remember, seeking advice from a qualified divorce lawyer is crucial. They can assess your situation, explain your options, and recommend the best approach based on your unique circumstances.

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