How Does JPN Conciliation Work Before Divorce?
The conciliation step you must usually complete before filing a single petition, and what happens at each session.
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Why is conciliation required?
Under Section 106 of the Law Reform (Marriage and Divorce) Act 1976, you cannot file a single petition for divorce until you have referred your marriage problems to a conciliatory body and it has certified that it could not reconcile you.
For most couples this is the marriage tribunal run through the National Registration Department (JPN). You can also use another conciliatory body you both accept.
The aim is to give you both a real chance to save the marriage before going to court.
When is it not required?
- Joint petitions. If you both agree to divorce under Section 52, you do not need conciliation.
- Exceptions in Section 106. For example, your spouse deserted you and you do not know where they are, lives abroad and is unlikely to return within six months, wilfully failed to attend, is jailed for five years or more, or has an incurable mental illness. The court can also excuse it in exceptional cases.
Without a conciliation certificate or an exception, the High Court will not accept a single petition.
How do you start?
Either spouse can go to the nearest JPN office. Bring your original marriage certificate, your identity documents and your spouse’s details. The officer records your application and fixes the first session.
JPN then sends your spouse a notice with the date. You are both expected to attend. Your lawyer can advise you, but lawyers usually do not attend the sessions.
What happens at the sessions?
The officer meets you both, sometimes together and sometimes apart. The officer is neutral and tries to help you talk and see if you can reconcile.
Sessions usually cover why the marriage broke down, what you have already tried and whether you are open to counselling. The officer may suggest counselling or a cooling-off period.
Under the Act, the body should resolve the matter within six months from the date of reference.
What if your spouse does not attend?
JPN records the absence and may reschedule. If your spouse was properly required to attend and wilfully fails to do so, Section 106 says the conciliation requirement does not apply to you.
Repeated absence can still slow things down. Keep copies of every notice and record of attendance, because your lawyer will need them.
What happens after conciliation?
If you do not reconcile, the body issues a certificate confirming that it could not reconcile you. You need this to file a single petition.
Your lawyer can then prepare and file the petition at the High Court. Depending on whether you both agree, you might instead use a joint petition, or continue with a contested divorce.
File promptly once you have the certificate, and ask your lawyer about the timing.
Looking to engage a divorce lawyer? If you are unsure whether conciliation applies to you or your spouse will not attend, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.
Frequently asked questions
Is conciliation needed for every civil divorce?
How long does conciliation take?
What if my spouse refuses to attend?
Related reading
JPN Conciliation Before Divorce: What to Expect
JPN conciliation (marriage tribunal) under Section 106 of Act 164: who must attend, what happens at the sessions, the certificate, exceptions and timing.
How Civil Divorce Works in Malaysia: Steps and Timeline
The civil divorce process in Malaysia under Act 164: joint and single petitions, JPN conciliation, decree nisi, timelines and the documents you need.
The Conciliation Certificate: What It Is and Why You Need It
What the conciliation certificate (Sijil Tidak Berdamai) is, when it is issued, and why most single divorce petitions in Malaysia need it before filing.
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Annulment vs divorce in Malaysia: when a marriage is void or voidable under Sections 69 to 71 of the LRA 1976, and when divorce is the right route.
Can You Divorce if Your Spouse Has Deserted You?
Desertion as a ground for divorce in Malaysia under Section 54(1)(c) of the LRA 1976: two continuous years, what counts as desertion and how to prove it.
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