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.
- 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.
- Next, you will need to attend for marriage counselling (preferably under the JPN) required under the law in Malaysia.
- 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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