Divorcing on Good Terms in Malaysia: A Guide for Couples

What is a joint petition?

Section 52 of the Law Reform (Marriage and Divorce) Act 1976 lets a husband and wife who both agree to end their marriage file for divorce together.

In a contested divorce, one spouse files against the other. In a joint petition you file together, and nobody has to prove fault such as adultery, unreasonable behaviour or desertion.

You must both consent and must already have settled child custody, maintenance for the spouse and children, and division of matrimonial property. These terms go into a written agreement filed with the petition.

What must you agree on before filing?

The court will not grant a joint petition if anything is still in dispute. You need to settle:

• custody and access for the children
• child maintenance
• spousal maintenance, if any
• division of property, such as the home, cars, savings and investments

Be specific.

For custody, say who the children live with, the other parent’s access schedule, and school and public holiday arrangements. For maintenance, state the monthly amount, who pays and for how long. For property, say how each asset is split.

A vague or incomplete agreement may be rejected by the court or cause problems later. A family lawyer can check that it is fair and enforceable.

Step by step

1. You instruct a lawyer to prepare the petition and settlement agreement. You can share one lawyer, or each have your own for independent advice.
2. The petition is filed at the High Court, and the court sets a hearing date.
3. You both attend the hearing. The judge checks that you both consent freely and that the terms are fair, especially for the children.
4. If satisfied, the judge grants a decree nisi.
5. Under Section 61 of the LRA 1976, the decree nisi can be made absolute after three months. Neither of you can remarry during this time. Once the decree is absolute, the marriage is over.

What happens at the hearing?

The hearing is usually short. The judge asks questions to make sure you both understand what divorce means and are agreeing of your own free will. The judge does not simply rubber-stamp the agreement.

Under Section 88 of the LRA 1976, the child’s welfare comes first. If the judge feels the custody or maintenance terms do not protect the children well enough, you may be asked to revise them.

If everything is in order, it can be done in one session, though a busy court may take longer.

Why choose a joint petition?

• Time: a contested divorce can take nine months to two years; a joint petition often takes three to six months.
• Cost: fewer hearings and less argument mean lower legal fees, and you can share one lawyer.
• Stress: nobody has to prove the other is at fault, which helps if you will be raising children together.

Looking to engage a divorce lawyer? If you both agree the marriage is over but are unsure what your agreement should cover, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.