Tag: Non Muslim

A Simple Guide to Divorce in Malaysia

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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?

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

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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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Cross-Border Divorce in Malaysia: A Comprehensive Guide for Non-Muslim

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Cross-Border Divorce in Malaysia A Comprehensive Guide for Non-Muslim by TYH & Co. Trusted Divorce Lawyer in Malaysia

For non-Muslim couples, cross-border divorce is a possibility, but it can be a complex process in Malaysia. This article provides an overview of cross-border divorce in Malaysia for non-Muslims.

What is cross-border divorce?

Cross-border divorce is a divorce between spouses having different nationalities. In Malaysia, cross-border divorce is governed by the Law Reform (Marriage and Divorce) Act 1976.

When is a cross-border divorce possible in Malaysia?

A cross-border divorce is possible in Malaysia if the monogamous marriage is legally registered under the law (Malaysia or any other country), and the parties are domiciled in Malaysia.

What are the grounds for cross-border divorce in Malaysia?

There is only one ground for cross-border divorce in Malaysia: that the marriage has irretrievably broken down. This must be proved on any one of the following facts:

  • Adultery: If the spouse has cheated on you, and you cannot continue living with them as a result, you can file for divorce.
  • Unreasonable behavior: If your spouse’s behavior is so bad that you cannot reasonably expect to live with them any longer, you can file for divorce. This could include things like physical or emotional abuse, addiction, or neglecting their responsibilities towards you or the family.
  • Desertion: If your spouse has left you without a valid reason for at least two years, you can file for divorce.
  • Separation: If you and your spouse have been living apart for at least two years, you can file for divorce.

What is the procedure for cross-border divorce in Malaysia?

  • Joint Petition (Mutual Divorce)

If you and your spouse both want to get a divorce, you can file a joint petition with the court after two years of marriage. The court will then review your petition and make sure that both of you are freely consenting to the divorce and that there is a fair arrangement for the division of assets, alimony, and child custody. If the court is satisfied with these arrangements, it will grant you a divorce decree.

  • Single Petition (Non-Mutual Divorce)

If there is no agreement on the divorce terms, either party may file a single petition with the court and provide the ground for divorce. The responding party may reply to the petition/defend his or her case.

The court will review and make decision accordingly before granting the divorce and making necessary order pertaining to the division of assets, alimony, and child custody after hearing or full trial.

In conclusion, cross-border divorce in Malaysia is a complex legal process and it is essential to consult with a divorce lawyer in Malaysia who can provide you with comprehensive legal advice and representation throughout the process.

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How to Calculate Alimony and Child Support in a Divorce in Malaysia

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How to Calculate Alimony and Child Support in a Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce for non-Muslims.

Alimony, also known as spousal support, is money that one spouse pays to the other spouse to help them maintain their standard of living after the divorce.

Child support is money that one parent pays to the other parent to help support their children financially.

In Malaysia, alimony and child support are calculated based on a number of factors, including the needs of the spouse or child, the income of the paying spouse, and the length of the marriage.

How to Calculate Alimony

To calculate alimony, the court will first consider the needs of the spouse seeking alimony. This includes their basic living expenses, such as housing, food, and transportation, as well as any special needs they may have, such as medical expenses.

The court will then apply a number of factors to determine the amount of alimony to be paid. These factors include:

  • The length of the marriage
  • The age and health of the spouse seeking alimony
  • The standard of living that the couple enjoyed during the marriage
  • The earning capacity of the spouse seeking alimony
  • The ability of the paying spouse to pay alimony
  • The contribution of each spouse to the marriage
  • The degree of responsibility which each party has for the breakdown of the marriage.

How to Calculate Child Support

To calculate child support, the court will first consider the needs of the child. This includes their basic living expenses, such as housing, food, and clothing, as well as any special needs they may have, such as medical expenses or childcare costs. The court will also consider the income of both parents and their ability to pay child support.

The court will then apply a number of factors to determine the amount of child support to be paid. These factors include:

  • The number of children
  • The age of the children
  • The standard of living that the children enjoyed during the marriage
  • The earning capacity of each parent
  • The ability of each parent to pay child support
  • The contribution of each parent to the care of the children

Conclusion

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce. It is important to understand that there is no fixed formula to calculate the amount payable. Therefore, it is best to speak with an experienced divorce lawyer to discuss your case since all cases are different.

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Mediation for Divorce for Non-Muslims in Malaysia

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

Mediation is a voluntary process in which a neutral third party, usually a mediator/lawyer, helps both husband and wife to reach an agreement on a disputed matter.

In the context of divorce, mediation can be used to negotiate the terms of the divorce, such as child custody, maintenance of children, alimony/spousal maintenance, and the division of matrimonial assets.

Mediation can be a beneficial option for non-Muslims in Malaysia who are considering divorce. It is a relatively quick and inexpensive process, and it can help divorcing couples to avoid the stress and conflict of going to court.

Mediation can also be a helpful way to preserve the relationship between the divorcing parties, which can be beneficial for children.

Benefits of Using Mediation Services

There are several benefits to using mediation services for divorce in Malaysia.

  1. First, mediation is a voluntary process. This means that both parties must agree to mediate, and either party can leave the process at any time. This can be helpful for couples who are not sure if they want to divorce, or who are not ready to make a decision.
  2. Second, mediation is a confidential process. This means that the mediator cannot disclose any information that is discussed during mediation to anyone else, without the consent of both parties. This can be helpful for couples who want to keep their divorce private.
  3. Third, mediation can be a relatively quick and inexpensive process. Mediation sessions typically last for a few hours, and the cost of mediation is usually much lower than the cost of going to the court and litigate.
  4. Fourth, mediation can help divorcing couples to reach an agreement that is tailored to their specific needs. In court, a judge will make a decision based on the law, even if that decision is not in the best interests of the couple or their children. In mediation, the couple is free to negotiate any terms that they agree to. In short, parties will have more control.
  5. Fifth, mediation can help to preserve the relationship between the divorcing parties. This can be beneficial for children, who may have difficulty coping with the divorce of their parents. When parents are able to communicate and cooperate civilly with each other, it can make the transition to divorce easier for children.

How Our Lawyer Can Be a Neutral Party and Try to Seek for Divorce Settlement Between Parties to Help Save Cost and Time for Divorcing Parties

Our lawyers can be a neutral party and try to seek for a divorce settlement between parties to help save cost and time for divorcing parties by:

  • Understanding the needs and interests of both parties. Our lawyers will meet with each party individually to understand their needs and interests in the divorce. This will help us to develop a mediation plan that is tailored to the specific needs of the couple.
  • Facilitating communication between the parties. Our lawyers will help the parties to communicate with each other in a respectful and constructive manner. This is essential for reaching an agreement in mediation.
  • Identifying and exploring options. Our lawyers will help the parties to identify and explore all of the options available to them. This will help the parties to make informed decisions about their divorce.
  • Drafting a settlement agreement. Once the parties have reached an agreement, our lawyers will draft a settlement agreement that sets out the terms of the agreement in writing. The settlement agreement can then be filed with the court to finalize the divorce.

If you are considering divorce in Malaysia, we encourage you to consider mediation rather than fighting in the court. Mediation can be a beneficial option for non-Muslims who want to avoid the stress and conflict of going to court. Our experienced divorce lawyers can help you to mediate a divorce settlement that is fair and beneficial to both parties.

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Essential Divorce Terms in Malaysia for Non-Muslims

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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 to Do If Your Spouse Won’t Agree to the Divorce?

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What to Do If Your Spouse Won't Agree to the Divorce by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce in Malaysia as a non Muslim can be a complex and challenging process.

One of the most common challenges that couples face is when one spouse is unwilling to agree to the divorce or sign the divorce papers.

In such circumstances, what can you do if you insist to call if off?

If your spouse is not willing to agree to a divorce, there are a few things you can do.

  1. First, you should try to talk to your spouse about your reasons for wanting a divorce and see if you can come to an agreement. If you are unable to reach an agreement, your only option is to file for divorce in court by way of a single petition for divorce. In this case, you will need to provide reason for divorce.
  2. Next, you will need to attend for marriage counselling (preferably under the JPN) required under the law in Malaysia.
  3. File single petition for divorce in Malaysia and the court will decide accordingly based on the reasons provided and both parties will have the rights to be heard.

It is important to note that you do not need your spouse’s consent to file for divorce. You can file for divorce even if your spouse does not agree by way of single petition for divorce if you have valid ground to do so.

That said, this can be a long and exhausting process for some. That is why most of the time, it is best to seek for a divorce settlement between parties through a divorce lawyer.

There are many benefits to seeking a divorce settlement over going to court. Here are some of the most important benefits:

  • Speed: Mediation is a much faster way to get a divorce than going to court. The average divorce case takes over a year to resolve, while mediation can be completed in a matter of weeks or months.
  • Cost: Mediation is also much less expensive than going to court. The cost of mediation varies depending on the complexity of the case and the mediator’s fees, but it is typically much lower than the cost of hiring two lawyers and going to court.
  • Control: In mediation, the spouses have control over the outcome of their divorce. They can negotiate and agree on terms that work for both of them. In court, the judge will make the decisions about the divorce, and the spouses may not be happy with the outcome.

In addition to these benefits, seeking a divorce settlement can also help to reduce the stress and conflict associated with divorce. When the spouses are able to negotiate and agree on their own terms, they are more likely to be satisfied with the outcome of the divorce. This can lead to a smoother and more amicable divorce process.

If you are considering getting a divorce, it is important to talk to a divorce lawyer about the benefits of seeking a divorce settlement.

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Annulment in Malaysia for Non-Muslims

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Annulment in Malaysia for Non-Muslims by TYH & Co. Family and Divorce Lawyer Malaysia

Annulment is a legal process that declares a marriage void ab initio, meaning that it was never valid in the first place. This is different from divorce, which dissolves a valid marriage.

In Malaysia, annulment is available to non-Muslims under the Law Reform (Marriage & Divorce) Act 1976. You may consider to annul your marriage if your marriage is less than 2 years subject to any ground of annulment is met.

Grounds for Annulment of Marriage for Non-Muslims in Malaysia

  • Non-consummation of the marriage: This means that the marriage has not been physically consummated, either due to the incapacity of either party or the wilful refusal of the respondent.
  • Incapacity to consent: This means that one party did not validly consent to the marriage, either because they were forced into it, they were mistaken about something important, or they were mentally incapable of understanding the nature and consequences of the marriage.
  • Mental disorder: This means that one party was mentally disordered at the time of the marriage, to the extent that they were unfit for marriage.
  • Venereal disease: This means that one party was suffering from a sexually transmitted disease at the time of the marriage.
  • Pregnancy: This means that the respondent was pregnant by someone other than the petitioner at the time of the marriage.

To annul a marriage, a party must file a petition with the High Court. The court will then hold a hearing to determine whether the grounds for annulment have been met. If the court finds that the grounds have been met, it will annul the marriage after the hearing of the petition.

The annulment process in Malaysia can be complex and time-consuming. If you are considering annulling your marriage, it is important to speak to an experienced divorce and family lawyer. They will be able to advise you on whether you have grounds for annulment and how to proceed with the annulment process.

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How to Get a Single Status Certificate in Malaysia

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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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