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KC28 and KC29 Issued After Marriage Counselling with the JPN by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

If you are reading this article right now, you may be aware that you are required to attend the marriage counselling with the Jabatan Pendaftaran Negara (JPN) Malaysia before you can file a single petition for divorce in Malaysia as a non-Muslim.

So, you may be asking what is the aim of the marriage counselling with the JPN?

Basically, the aim of the marriage counselling required under the law is to reconcile both the husband and wife in the event if the divorce is not agreed by either one of them. In the event if the divorce is mutually agreed by both the husband and wife, there is no need to attend the said counselling under the law where both parties may file the divorce petition directly.

During the counselling sessions, the marriage tribunal of the JPN will assist to resolve the conflicts and propose solutions to the parties in hope to save the marriage. There will be 3 sessions usually conducted by the marriage tribunal and the sessions must be completed within 6 months from the date of registration for the counselling.

After the completion of the marriage counselling sessions, the JPN will issue either one of the certificates known as KC28 or KC29. So, what is the difference?

What is KC28

KC28 will be issued after the counselling sessions are completed and parties are able to resolve their conflicts and decided to get back together to save their marriage. Hence, there is no further action needed.

Furthermore, KC28 will also be issued if either one of the parties doesn’t attend the counselling sessions and the marriage tribunal will issue the KC28 to indicate the absence of one party from the counselling. Take note that the applicant must go through all sessions even if his or her spouse doesn’t attend the counselling for whatever reason. KC28 is still required to initiate the divorce proceedings.

What is KC29

KC29 will be issued after the counselling sessions are completed and parties are unable to resolve their conflicts and indifferences. In this case, the marriage tribunal will recommend parties to seek for a divorce if the marriage has irretrievably broken down. This document will be required before one can start to file a single petition for divorce in Malaysia.

What is next?

If you have obtained either the KC28 or KC29 from the JPN and decided to get a divorce, you may want to seek for advice from our divorce lawyer in order to find our what is the best way to move forward with the divorce process and know your rights better.

On the other hand, if you have yet to attend the marriage counselling with the JPN, there are also instances where you may apply to seek for an exemption from the marriage counselling if you can prove any of the grounds below:

You have been deserted and the whereabout of your spouse is unknown
Your spouse is in overseas and will not return to Malaysia within the next 6 months after the divorce is filed
Your spouse wilfully and intentionally ignored the marriage counselling (must provide KC28 to prove this)
Your spouse is imprisoned for more than 5 years
Your spouse has incurable mental illness
You can prove that there are exceptional circumstances and going to the marriage counselling is impractical

Regardless of what is your situation, it is best to seek advice from our divorce lawyer now so you can know what is the best option to move forward in order to save more time and cost in filing for a divorce in Malaysia.

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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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KC28 and KC29 Issued After Marriage Counselling with the JPN: An Overview

Marriage Counselling in Malaysia: A Last Resort Before Divorce