Marriage is a sacred institution in Malaysia, and divorce is not something that is taken lightly. However, there are times when divorce is the only option for couples who are experiencing irreconcilable differences.
If you are considering divorce, it is encouraged to consider marriage counselling first. Marriage counselling can help couples to improve their communication and problem-solving skills, and it can also help them to resolve their differences and save their marriage.
In Malaysia, marriage counselling is not legally required before filing for mutual divorce (or commonly known as joint petition). However, if you are filing for a single petition divorce, you will need to attend marriage counselling by a certified conciliatory body before you can file your divorce petition.
What is conciliatory body
A conciliatory body is a group of people who are appointed by a religious authority, community, clan, or association to help couples reconcile their differences. It can also be a marriage tribunal under the Jabatan Pendaftaran Negara (JPN) Malaysia.
Why marriage counselling in Malaysia
There are a few reasons why marriage counselling is required before a single petition divorce in Malaysia. First, the law encourages couples to try to reconcile their differences before getting a divorce. Marriage counselling can provide couples with the tools and support they need to work through their problems and save their marriage.
Second, marriage counselling can help to protect the interests of any children involved in the divorce. By attending marriage counselling, couples can come to an agreement about child custody, visitation, and financial support. This can help to ensure that the children are not adversely affected by the divorce.
Finally, marriage counselling can help to reduce the stress and conflict associated with divorce. By working through their problems with a mediator, couples can come to a mutually agreeable solution that is in the best interests of everyone involved.
Benefits of marriage counselling in Malaysia
There are many benefits to marriage counselling in Malaysia. Some of the most common benefits include:
- Improved communication: Marriage counselling can help couples to learn how to communicate more effectively with each other. This can help to resolve conflict and build a stronger relationship.
- Better problem-solving skills: Marriage counselling can help couples to learn how to solve problems together. This can help them to manage their finances, raise their children, and deal with other challenges that come up in their marriage.
- Increased intimacy: Marriage counselling can help couples to reconnect and build intimacy. This can help to improve their sex life and overall relationship satisfaction.
- Reduced stress and conflict: Marriage counselling can help couples to reduce stress and conflict in their relationship. This can make them happier and healthier individuals, and it can also make their divorce process easier.
Requirements for divorce in Malaysia
In order to get a divorce in Malaysia, you must meet certain requirements. These requirements vary depending on the type of divorce you are seeking.
For a single petition divorce, you must meet the following requirements:
- You must be married for at least two years.
- You must have a certificate from the certified conciliatory body stating that you have made every reasonable effort to reconcile with your spouse.
For a joint petition divorce, there is no need to attend any marriage counselling in Malaysia as long as the divorce terms are agreed upon.
If you are considering divorce, you are encouraged to speak to a divorce lawyer to discuss your options and to understand the requirements for divorce in Malaysia.
Conclusion
Marriage counselling can be a valuable tool for couples who are facing marital problems. It can help couples to improve their communication and problem-solving skills, and it can also help them to resolve their differences and save their marriage. If you believe that it is time to move on from the marriage for the betterment of both parties, it is best to seek the right legal advice from a divorce lawyer.
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