Decree Nisi and Absolute
Decree Nisi and Decree Absolute in Malaysia
What a decree nisi means, how it becomes absolute, and what to do once your divorce is final.
For people seeking legal representation. For general information, use our guides and tools.
Contents
What is a decree nisi?
Under Section 61 of the Law Reform (Marriage and Divorce) Act 1976, every divorce decree is first a decree nisi. “Nisi” is Latin for “unless”: the order becomes final unless something stops it.
This applies to both joint petition and contested divorce cases. A decree nisi does not end the marriage. It starts a waiting period before the divorce can become final.
How long is the wait?
The decree nisi cannot be made absolute until three months after it was granted. The court can set a shorter period by general or special order.
During this time, you are still legally married. You cannot remarry.
What happens during the three months?
If some matters were not settled when the decree nisi was granted, such as property transfers, access details or maintenance, your lawyer can keep working on them.
Your lawyer will also watch for anything that could hold up the decree absolute and respond if the other side raises an objection.
What is a decree absolute?
A decree absolute is the final order that ends the marriage. After the three months, the spouse who obtained the decree nisi applies to have it made absolute.
If that spouse does not apply, Section 61(2) lets the other spouse apply once a further three months have passed. The court can then make the decree absolute, cancel it, ask for more inquiry or deal with it as it sees fit.
Your lawyer should get a sealed copy of the decree absolute from the court registry. Keep it safe.
When can you remarry?
Under Section 62, either of you can remarry once the decree is absolute and:
- There is no right of appeal; or
- The time to appeal has passed with no appeal; or
- Any appeal has been dismissed.
Can a decree nisi be cancelled?
Yes, the court can rescind (cancel) a decree nisi. If that happens, the marriage continues, and the spouse who wanted the divorce may need to start again with a fresh petition.
If you believe the decree nisi was obtained improperly, for example through lies or hidden facts, get legal advice quickly and before it is made absolute.
What if the decree absolute is delayed?
Sometimes the delay is only administrative, such as the registry not yet processing the application. Your lawyer can follow this up.
The court may also hold back the decree absolute while issues such as arrangements for the children or property are still pending.
What to do after the decree absolute
Once the divorce is final:
- Update your marital status on your MyKad at JPN.
- If property is being transferred under the court order, your lawyer can handle the transfer papers, stamp duty and land office registration.
- Update the nominees or beneficiaries on your EPF and insurance.
- Close or restructure joint bank accounts.
- Update your will or make a new one, since divorce affects how your estate is shared.
Keep a certified copy of the decree absolute. You will need it to prove your status, for example if you remarry or apply for a passport.
Where the decree nisi fits in the timeline
In a joint petition, the decree nisi is usually granted at the hearing, once the judge is satisfied you both consent and proper provision is made for the children.
In a contested divorce, it is granted after the trial or final hearing.
In both, the three-month wait then runs before the decree can be made absolute.
Looking to engage a divorce lawyer? If you are unsure what to do after your decree nisi, or your decree absolute is delayed, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.
Frequently asked questions
What is a decree nisi?
How long before a decree nisi becomes a decree absolute?
Do I need to apply for the decree absolute or is it automatic?
What if the spouse who got the decree nisi does not apply?
Can I remarry after receiving the decree nisi?
Related reading
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.
Contested Divorce in Malaysia: Filing Alone
A contested divorce in Malaysia lets one spouse file alone under Section 53 of the LRA 1976. The four facts you must prove, the steps, costs and what to prepare.
Joint Petition Divorce in Malaysia: Divorce by Agreement
A joint petition lets you and your spouse divorce by agreement in Malaysia under Section 52 of Act 164. See the steps, timeline, costs and documents needed.
Can a Decree Nisi Be Rescinded in Malaysia?
Can a decree nisi be rescinded in Malaysia? What Section 61 of the Act allows, when a court may set one aside for fraud, and what rescission means for your marriage.
Annulment of Marriage in Malaysia
Annulment of marriage in Malaysia under the LRA 1976: the grounds for a void or voidable marriage, how to apply, and what happens to your children.
What Is Divorce Mediation and How Does It Work in Malaysia?
How divorce mediation works in Malaysia: court-annexed and private mediation, what can be mediated, its benefits, and how it differs from conciliation.
Looking to Engage a Divorce Lawyer?
For people seeking legal representation. For general information, use our guides and tools.