Skip to main content

The Conciliation Certificate: What It Is and Why You Need It

What the certificate proves, when you get it, and when you need it before filing.

Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
2 min readUpdated 7 Oct 20262 sourcesLaw Reform (Marriage and Divorce) Act 1976
Contents

What is the conciliation certificate?

It is an official document, known in Malay as the Sijil Tidak Berdamai. It confirms that you and your spouse went through conciliation and could not reconcile.

For civil marriages, conciliation is usually handled by a marriage tribunal at the Jabatan Pendaftaran Negara (JPN), the National Registration Department.

The certificate is not a judgment. It does not say who is at fault. It only records that the attempt to reconcile failed.

When do you need it?

Under Section 106 of the Law Reform (Marriage and Divorce) Act 1976, you cannot file a single petition (filing alone) until a conciliation body has certified that it failed to reconcile you.

A joint petition, where you both agree to divorce, does not need the certificate.

The Act also lists exceptions for a single petition, for example:

  • your spouse deserted you and you do not know where they are
  • your spouse lives abroad and is unlikely to return within six months
  • your spouse was asked to attend conciliation and wilfully did not
  • the court finds exceptional circumstances make conciliation impracticable

When is it issued?

The certificate is issued at the end of the conciliation process. The Act gives the conciliation body six months from the date of referral to try to resolve things.

It can end sooner if the officer is satisfied early on that you will not reconcile.

What does it say?

It names both spouses and states that conciliation did not succeed. It does not explain why the marriage broke down.

The conciliation body may also add recommendations on maintenance, division of property and custody of the children.

You file the original with your divorce petition. Keep a copy for yourself.

What do you do next?

Take the certificate to your lawyer so they can check your other documents and prepare the petition.

If your spouse still does not agree to the divorce, the next step is a contested divorce petition.

Do not wait too long to file. A long delay can raise questions about whether conciliation is still current.

Looking to engage a divorce lawyer? If you have the certificate and are unsure what to file next, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

Can I file for divorce without a conciliation certificate?
For a single petition, usually not. Section 106 of Act 164 requires it, with a few exceptions, such as when your spouse wilfully failed to attend. A joint petition does not need it.
How long does it take to get the conciliation certificate?
The Act gives the conciliation body six months from the date of referral to try to resolve the problem. If it cannot, it issues the certificate.
Does the conciliation certificate expire?
File your petition soon after you receive it, as delays can cause problems. Your lawyer can tell you how much time you have.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.