How to Agree and Draft Consent Terms for a Joint Petition

What are consent terms?

Consent terms are the written agreement between you and your spouse that a joint petition is built on. They set out how custody, property and money will be dealt with.

Under Section 52 of the Law Reform (Marriage and Divorce) Act 1976, the court can grant a joint petition divorce only if it is satisfied that you both freely consent and that proper provision is made for the wife and the children.

Once the judge approves the terms, they become a court order that can be enforced. Changing them later means a formal application, so it pays to get them right first time. For the wider steps, see how civil divorce works.

What must the terms cover?

The terms should deal with every issue linked to the divorce:

• Custody: who the children live with.
• Access: when the other parent sees them.
• Child maintenance: money for the children’s needs.
• Property: the family home, vehicles, savings, investments and EPF (KWSP).
• Spousal maintenance: the amount, how often and for how long. If none is to be paid, say so clearly.

On property, Section 76 of the Act lets the court divide assets acquired during the marriage, looking at what each of you contributed in money, property or work.

How do you negotiate well?

Prepare first. Gather your financial documents, learn your rights and decide what matters most to you and where you can give way.

Explain why something matters, not just what you want. For example, “I want to keep the house so the children can stay at their school.”

If talking directly is too hard, a mediator can help. Any deal you reach still has to be written up formally and approved by the court.

How are the terms drafted?

Once you agree in principle, the lawyers put the terms into a formal document. Each term should give exact amounts, dates and conditions.

Read every clause before you sign. If something is unclear or not what you agreed, raise it before signing. The signed terms are then filed with the joint petition.

The lawyer also prepares the supporting papers, such as affidavits and financial declarations.

What does the court check?

The court does not simply rubber-stamp the terms. The judge must be satisfied that you both agree freely and that proper provision is made for the children.

The judge may ask you both questions to confirm this. If one of you seems pressured or the terms are clearly unfair, the court may refuse to approve them.

If an important issue is missing, such as EPF or a jointly owned property, the judge may ask you to settle it first.

What mistakes should you avoid?

• Vague words. “Reasonable access” or “a fair share” invite future arguments. Give exact schedules, assets and amounts.
• Ignoring the future. Plan for foreseeable changes, such as a child starting school, a move or a change in income.
• Rushing. A few extra weeks of care can save years of trouble.

Looking to engage a divorce lawyer? If you are working on consent terms for a joint petition and are unsure whether they cover everything, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.