How to Reclaim Visitation Rights After Divorce in Malaysia

How to Reclaim Visitation Rights After Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Imagine this: the divorce papers are signed, but your heart aches for your child. Your ex-spouse, for whatever reason, has slammed the door on your visits. You’re left wondering, “Can I still see my kid after the divorce?”

The good news is YES! You have rights as a parent (or usually the father in these cases) in Malaysia, even if you don’t have the legal custody of your child.

Why Can’t I See My Child?

There are many reasons why your ex might be denying you visitation. Maybe you are not paying the children’s maintenance on time. Maybe she thinks you’re a bad influence, or maybe the anger from the divorce. Whatever the reason, remember that your child’s well-being comes first.

What Are My Rights to Visit My Children?

Even if you do not have legal custody of your children, you are still entitled to have access or visit your children after the divorce.

That said, it is important to note that the Court may deny your access in very extreme circumstances, for example, if you are a bad influence such as a drug user/addict or having violent behaviour.

If this is not the case, you can always fight for your rights to have access to your children.

The Court will always uphold that visitation of parent is the children’s basic right.

How Can I Get Visitation Rights Back?

There are 2 main ways to get back your visitation rights:

  1. Talk it out: If things aren’t too bad, you and your ex-spouse might be able to work things out on your own. Try talking to her calmly and respectfully about setting up a visitation schedule.
  2. Get a lawyer: If talking doesn’t work, or if things are too heated, it’s time to get legal help. A lawyer can file the necessary application to the court to enable you to visit your children again.

Remember, you’re not alone! Many parents (especially fathers) in Malaysia have gone through what you’re going through.

Getting back your visitation rights can take time and effort, but it’s worth it. Your child needs and deserves a relationship with both parents. So, take that first step and fight for those parent-child moments before it is too late.

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Exploring Divorce in Malaysia: A Guide to Joint and Single Petitions

Exploring Divorce in Malaysia A Guide to Joint and Single Petitions for Non-Muslims by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

Divorce can be a difficult decision and the legal process can be complex process for for non-Muslims in Malaysia.

Understanding the differences between a joint petition and a single petition can ease the process and help you choose the best option for your situation.

When to Choose a Joint Petition:

A joint petition is a faster and less expensive option when both spouses mutually agree to the divorce and all its terms. This includes:

  • Custody and visitation arrangements for children: This includes who will have physical custody of the children and how the other parent will maintain contact with them.
  • Division of matrimonial assets: This refers to the fair distribution of all assets acquired during the marriage, including property, investments, and debts.
  • Maintenance for spouse and children: This involves financial support for the spouse who needs it and for any children of the marriage.

Benefits of Joint Petition:

  • Faster divorce process: With both parties in agreement, the court proceedings are generally smoother and quicker, often concluding within a few months.
  • Reduced cost: Legal fees and court costs are lower compared to a single petition due to the simpler proceedings.
  • Reduced stress and conflict: Agreeing beforehand minimizes the emotional strain and potential conflict during the divorce process.
  • Avoiding mandatory counselling: Unlike single petitions, couples opting for joint petitions are exempt from attending mandatory counselling sessions at the National Registration Department (JPN).

Procedure for Joint Petition:

  1. Consult a lawyer: Both spouses may appoint 1 lawyer jointly or consult with separate lawyers to ensure their individual rights are protected and to receive legal advice.
  2. Negotiate terms: Agreement must be reached on all aspects of the divorce, including child custody, asset division, and maintenance.
  3. Prepare petition: Lawyers will prepare a joint petition outlining the agreed terms and submit it to the Court in Malaysia.
  4. Court hearing: Both spouses need to attend a court hearing, where the judge will review the petition and ensure it complies with legal requirements.
  5. Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
  6. Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

When to Choose a Single Petition:

A single petition is necessary when:

  • One spouse does not agree to the divorce.
  • There is disagreement on any of the terms of the divorce.
  • You have attempted reconciliation but it failed.
  • Your spouse deserted you and cannot be located/found.

Procedure for Single Petition:

  1. Consult a lawyer: Discuss your situation with a lawyer who will advise you on the legal grounds for divorce and the available options.
  2. Refer to Marriage Tribunal: You must first attend counselling sessions at the JPN’s Marriage Tribunal in an attempt to reconcile under the law.
  3. Obtain certificate: If reconciliation fails, the Marriage Tribunal will issue a certificate, which is mandatory for filing a single petition.
  4. File petition: The lawyer will file a single petition in the High Court, outlining the grounds for divorce and the requested terms.
  5. Court hearing: Both spouses need to attend court hearings, where evidence is presented and arguments are heard.
  6. Judge’s decision: The judge will decide whether to grant the divorce and may modify any of the proposed terms after hearing from both parties.
  7. Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
  8. Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

Benefits of Single Petition:

  • No need for consent of both parties: You can still file for a divorce even if your spouse doesn’t agree to the divorce or cannot be found.
  • Protects your rights: Filing a single petition ensures that your legal rights are protected even when your spouse disagrees.
  • Addresses specific issues: The single petition allows you to present your specific concerns and seek a favorable judgment.
  • Provides legal recourse: If your spouse refuses to cooperate, the court can enforce its orders and ensure a fair outcome.

Which one should I choose?

The best option for you will depend on your specific circumstances and the level of agreement you have with your spouse. Consider consulting with a divorce lawyer to understand the legal implications of each option and make an informed decision.

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How to Get a Divorce in Malaysia If You Are Overseas

How to Get a Divorce in Malaysia If You Are Overseas by TYH & Co. Trusted Divorce Lawyer in Malaysia

Getting a divorce in Malaysia can be a complex process for non-Muslims, especially if you are overseas. However, it is possible to get a divorce in Malaysia even if you are not living in the country. So what you should do if you wish to move on and get a divorce in Malaysia?

Appointing a Lawyer in Malaysia

The first step in getting a divorce in Malaysia is to appoint a divorce lawyer. Once you have found a divorce lawyer, your divorce lawyer will be able advice & act on your behalf accordingly.

Filing for Divorce

Before your divorce lawyer proceed to file for a divorce, it is essential to determine whether if the petition will be file jointly or unilaterally.

In short, are both parties ready to proceed with the divorce or not? If yes, the divorce lawyer will proceed to prepare for a joint petition. This process will be relatively simpler and cheaper.

On the other hand, if the divorce is not mutual, your divorce lawyer will proceed to prepare for a single petition. This process will take a longer time and there is also a need to go through multiple case management dates fixed by the court where your divorce lawyer will be able to represent you in the court accordingly.

Divorce Hearing

For joint petition, both parties are required to attend the divorce hearing fixed by the court. In the event if any party is not in Malaysia, your divorce lawyer may apply for exemption from the divorce hearing with valid reason. Alternatively, your divorce lawyer may also apply to the court to proceed with the divorce hearing online (commonly via Zoom or video conference). Take note that the court shall have full discretion on this.

For single petition, depending on the circumstances of the case, the court may also proceed with the hearing to be done online. The respondent may not be required to be present as long as the documents are properly sent to him or her and the court is satisfied that the respondent is well informed.

Getting Your Divorce Certificate

Once the court has granted you a divorce, your divorce lawyer will be able to obtain your divorce certificate for you. You can then proceed to update your divorce status with the Jabatan Pendaftaran Negara (JPN) Malaysia accordingly.

In conclusion, if one is currently residing overseas, he or she can appoint a divorce lawyer in Malaysia to start the divorce process and your divorce lawyer should be able to advice you on the process and act on your behalf.

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How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims?

How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce as a non-Muslims in Malaysia can be a complex and time-consuming process. The length of time it takes to get divorced will vary depending on a number of factors, including the type of divorce you are seeking, the complexity of your case, and the cooperation of your spouse.

Types of Divorce in Malaysia

There are two main types of divorce in Malaysia: contested and uncontested. A contested divorce is one in which the spouses cannot agree on the terms of the divorce, such as child custody, alimony, or the division of property. An uncontested divorce is one in which the spouses have agreed on all of the terms of the divorce.

  • Uncontested Divorce (or Joint Petition)

If you and your spouse are able to agree on all of the terms of your divorce, you can file for an uncontested divorce or commonly known as a joint petition. This is the fastest and simplest way to get a divorce in Malaysia.

To file for an uncontested divorce, you and your spouse must sign the divorce papers prepared by your divorce lawyer and file it with the court.

At the hearing, the judge will review the divorce terms and confirm all of the agreed terms. If the judge is satisfied that you and your spouse are in agreement, the court will grant the divorce.

Generally, a joint petition for divorce will take less than 3 months from the start of the process until the court hearing date.

  • Contested Divorce (or Single Petition)

If you and your spouse cannot agree on the terms of your divorce, you will need to file for a contested divorce. Contested divorces are more complex and time-consuming than uncontested divorces.

To file for a contested divorce, you must first file a single petition for divorce with the court. The petition for divorce must state the grounds for the divorce.

Your spouse will then be allowed to reply to the petition and defend him or herself accordingly.

During the hearing/trial, the court will then assess the case after hearing from both parties before making a decision. The court may even direct parties to go for a mediation in order to settle the case amicably.

In the event if grounds for divorce are met, the court will grant a divorce order.

A single petition for divorce will take around 6 to 9 months to complete. However, this will go beyond 9 months if the case is complex.

  • Tips for Expediting Your Divorce

If you are seeking a divorce in Malaysia, there are a few things you can do to expedite the process:

  1. If possible, try to reach an agreement with your spouse on the terms of your divorce before filing for divorce. This will make the divorce process much faster, simpler and cheaper.
  2. Be cooperative with your spouse and the court. This will help to avoid delays in the divorce process.

The length of time it takes to get a divorce in Malaysia will vary depending on a number of factors. However, there are a few things you can do to expedite the process. By following the tips above, you can increase your chances of getting a divorce quickly and efficiently.

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Essential Divorce Terms in Malaysia for Non-Muslims

Essential Divorce Terms in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce may be a taboo topic for some. However, it is inevitable if you think that getting a divorce may be the best option available rather than remaining in a troubled marriage.

Non-Muslim divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. Essentially, there are a number of different divorce terms that you may need to discuss with your spouse if you wish to get a divorce.

In this article, we will provide a comprehensive guide to the different divorce terms that you need to discuss if you are a non-Muslim contemplating to get a divorce in Malaysia.

Divorce Terms to Discuss

Here are some of the most important divorce terms that you need to discuss with your spouse:

  • Child custody: If you have children, you will need to decide who will have custody of them after the divorce. This can be a complex issue. Remember that it is very important to reach an agreement that is in the best interests of your children and not your personal interest.

  • Access and visitation rights: Generally, the non-custodial parent will be granted reasonable access and visitation rights. Parties can also come to an agreement on specific time and day of visit, rights to go on holiday with the children and even specific days of access during festivals or school holidays.
  • Child support: The non-custodial parent is typically required to pay child support to the custodial parent. The amount of child support is determined on a case-by-case basis, taking into account a number of factors, such as the income of both parents and the needs of the children.

  • Alimony/Spousal support: A husband is required to pay alimony to the wife under the law. The amount is based on the needs and means of parties. Do take note that the amount must be reasonable and spousal support will automatically cease under the law if the wife remarries or living in adultery with another man.

  • Division of property: The court will also divide the matrimonial property between the two spouses based on contribution of parties. It is important to note that the development of law has required that non-monetary contribution (such as cooking or taking care of the family) shall be treated as contribution as well.

  • Miscellaneous: Every divorce case is different and parties are free to agree on any other divorce terms or agreement between them, as long as it is fair and reasonable. However, the court may also inquire into the agreed terms to ensure fairness for both parties.

Tips for a Smooth Divorce

Here are some tips on how to make the divorce process as smooth and stress-free as possible:

  • Be honest and open with your spouse: It is important to be honest and open with your spouse about your reasons for wanting a divorce. This can help to reduce conflict and make the negotiation process easier.
  • Be willing to compromise: It is unlikely that you will get everything you want in a divorce. Be willing to compromise on some issues in order to reach an agreement that you can both live with.
  • Seek legal advice: It is important to seek legal advice from a divorce lawyer before finalizing your divorce. A divorce lawyer can help you to understand your rights and obligations during the process.

If you are a non-Muslim getting divorced in Malaysia, it is important to be aware of the different divorce terms that you need to discuss with your spouse. By being honest and open, willing to compromise, and seeking legal advice from a divorce lawyer, you can make the divorce process as smooth and stress-free as possible.

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What Happens After Filing for Divorce in Malaysia?

What Happens After Filing for Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Introduction:

Divorce is a difficult process, both emotionally and legally. There are many steps involved, and it can be easy to get lost in the paperwork and procedures. One important concept to understand is the decree nisi.

What’s a Decree Nisi?

A decree nisi is a provisional order that is granted by the court when a couple has met the legal requirements for divorce. It’s not a final divorce decree, but it does mean that the marriage is considered to be over for all intents and purposes.

The Waiting Period

After a decree nisi is granted, there is a waiting period of three (3) months before the decree nisi will automatically become absolute. This is also known as a ‘cooling-down’ period to enable parties to reconcile if it is possible.

Making It Official: Decree Absolute

A decree absolute is the final step in the divorce process. It officially ends the marriage and allows both parties to move on with their lives. To obtain a decree absolute, your divorce lawyer must apply to the court. Once the application is approved, your divorce is finalized where your divorce certificate will be issued, and you’re legally free to marry again if you choose.

When Can Your Remarry After Divorce in Malaysia?

Once the decree nisi is made absolute, you and your ex-spouse can remarry if you wish. This can only happen if there’s no right of appeal against the divorce decree, the appeal period has passed without an appeal being made, or an appeal has been dismissed.

In short, you can remarry 3 months later after the ‘cooling-down’ period.

Presumption of Death and Divorce

In unique cases where one spouse is missing and believed to be deceased, a petition can be filed to have the marriage dissolved based on the presumption of death. If there’s evidence that the missing spouse has been absent for at least seven years and there’s no reason to believe they’re alive, a decree nisi of presumption of death and divorce can be granted by the court.

Conclusion

Understanding what happens after the divorce process in Malaysia can help you to understand the process better. Remember that it’s important to consult with a divorce lawyer for guidance tailored to your situation. If you’re going through a divorce, knowing what to expect can provide you with a clearer picture of the journey ahead.

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Proof of Breakdown of Marriage in Malaysia: What You Need to Know

Proof of Breakdown of Marriage in Malaysia What You Need to Know by TYH & Co. Divorce Lawyer Malaysia

Introduction

Marriage is a sacred institution, but it is not always perfect. Sometimes, couples find that their marriage has broken down beyond repair. If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage.

The Law on Proof of Breakdown of Marriage in Malaysia

The law on proof of breakdown of marriage in Malaysia is set out in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. This section states that the court shall have regard to one or more of the following facts in its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage:

  • That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  • That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  • That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
  • That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

In addition to these four grounds, the court may also consider other factors in determining whether there has been a breakdown of marriage, such as the couple’s financial situation, their ability to raise children together, and their overall relationship.

What You Need to Prove to Get a Divorce in Malaysia

In order to get a divorce in Malaysia, you must prove that your marriage has broken down irretrievably. This means that you must show the court that there is no reasonable prospect of the marriage being saved.

The best way to prove a breakdown of marriage is to provide evidence of one of the four grounds listed in Section 54 of the Law Reform (Marriage and Divorce) Act 1976. For example, you could provide evidence of your spouse’s adultery, their unreasonable behavior, their desertion of you, or your two-year separation.

If you are unable to provide evidence of one of the four grounds, you may still be able to get a divorce if you can show the court that your marriage has broken down irretrievably for other reasons. However, this is a more difficult task, and you will need to provide strong evidence to support your case.

What If Both Parties Agree To The Divorce Terms

In such cases, there is no need to provide any reason or ground for a divorce as long as the divorce terms are mutually agreed and proper arrangements have been made between parties accordingly. This is commonly known as a joint petition for divorce.

Getting Help from a Divorce Lawyer

If you are considering divorce in Malaysia, it is important to get help from a qualified divorce lawyer. A divorce lawyer can help you understand the law on proof of breakdown of marriage and can represent you in court.

A divorce lawyer can also help you negotiate a divorce settlement with your spouse. This settlement will determine issues such as child custody, child support, alimony, and division of matrimonial property.

If you are thinking about getting a divorce, it is important to act quickly. The longer you wait, the more difficult it may be to prove a breakdown of marriage and to get a fair settlement.

Conclusion

If you are considering divorce in Malaysia, it is important to understand the legal requirements for proving a breakdown of marriage. A divorce lawyer can help you understand the law and can represent you in court. It is important to act quickly to get a fair settlement.

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How to Get a Divorce in Malaysia if You Are Overseas As A Malaysian

How to Get a Divorce in Malaysia if You Are Overseas As A Malaysian by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce is never easy, but it is possible for non-Muslim Malaysians to get a divorce overseas. The process is slightly different, but it is still possible.

In this article, we will discuss the steps involved in getting a divorce in Malaysia if you are overseas. We will also provide information on the requirements, and timeline for the process.

We hope this information will be helpful to anyone who is considering getting a divorce in Malaysia while living overseas.

What are the requirements for getting a divorce in Malaysia?

In general, you will need to meet the following requirements:

  • You must be a Malaysian citizen and domiciled in Malaysia.
  • Your marriage must have been registered in Malaysia.
  • You must have been married for at least two (2) years.

How do I file for a divorce in Malaysia if I am overseas?

If you are overseas, you can file for a divorce in Malaysia by contacting a Malaysian divorce lawyer. The lawyer will be able to prepare the necessary paperwork and file the petition on your behalf.

Essentially, your divorce lawyer will advice on whether if you should file for a joint petition or single petition for divorce based on the circumstances of your case.

The divorce petition must be filed in the court of Malaysia.

You can read more about joint petition (uncontested divorce) and single petition (contested divorce) here.

How long does it take to get a divorce in Malaysia?

The divorce process can take between 3-6 months (for joint petition) or more if it is a single petition. The exact length of time will depend on the circumstances of your case.

What happens after I get a divorce in Malaysia?

Once you have been granted a divorce in Malaysia by the Malaysian court, you will be issued a divorce certificate.

Subsequently, you will also need to update your marital status with the Jabatan Pendaftaran Negara (JPN) which is the Malaysian National Registration Department.

If you are a Malaysian citizen living overseas, it is especially important to seek professional help from a divorce lawyer in Malaysia.

A divorce lawyer in Malaysia will be familiar with the divorce procedures, and they can help you navigate the process smoothly and efficiently. They can also represent you in court, if necessary.

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Marriage Counselling in Malaysia: A Last Resort Before Divorce

Marriage Counselling in Malaysia A Last Resort Before Divorce by TYH & Co. Divorce Lawyer Malaysia

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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How to Get a Single Status Certificate in Malaysia

How to Get a Single Status Certificate in Malaysia by Family Lawyer Malaysia TYH & Co.

How to Get a Single Status Certificate in Malaysia

If you are a Malaysian citizen who is not currently married, you may need to obtain a Single Status Certificate. This certificate is a document issued by the Jabatan Pendaftaran Negara (JPN) that verifies your marital status. It is often required for official purposes, such as applying for a visa, getting married or applying for a job overseas.

In this article, we will explain how to get a Single Status Certificate in Malaysia and discuss the requirements for obtaining a Single Status Certificate in Malaysia.

Requirements for a Single Status Certificate

To apply for a Single Status Certificate, you will need to meet the following requirements:

  • You must be a Malaysian citizen.
  • You are non-Muslim.
  • You must be 18 years of age or older.
  • You must not be currently married.

Processing Time for a Single Status Certificate

The processing time for a Single Status Certificate is typically within 4 to 6 weeks. However, the processing time may vary depending on the JPN office and the workload.

Validity of a Single Status Certificate

A Single Status Certificate is valid for 150 days from the date of issue. You will need to reapply for a new Single Status Certificate again after the lapse of 150 days.

Where to Use a Single Status Certificate

A Single Status Certificate is often required for official purposes, such as:

  • Applying for a visa
  • Applying for a job
  • Registering for a course
  • Buying property
  • Getting married

If you need a Single Status Certificate, you may get in touch with our law firm to ensure the process is a smooth one without the hassle to travel to the JPN in Malaysia, especially if you are overseas. If you need to extract other type of certificates from JPN, you may get in touch and find out more here.

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