JPN Conciliation
JPN Conciliation Before Divorce: What to Expect
Why you must try conciliation before filing alone, what happens at the sessions, and when it is not needed.
For people seeking legal representation. For general information, use our guides and tools.
Contents
What is conciliation?
Section 106 of the Law Reform (Marriage and Divorce) Act 1976 says that before you file a single petition, you must refer your marriage problems to a conciliatory body. The body must certify that it could not reconcile you.
A conciliatory body can be the marriage tribunal (often run through JPN, the National Registration Department), a reconciliation council set up by a religion, community, clan or association, or another body approved by the Minister.
Its aim is to see whether the marriage can be saved. It does not grant divorces.
Who needs it?
Anyone filing a single petition, whatever the ground: adultery, behaviour, desertion or separation.
It does not apply to joint petitions, where you both agree to end the marriage. It also does not apply to a petition after a spouse converts to Islam (Section 51).
When is conciliation not required?
Section 106 lists cases where you do not need it:
- Your spouse deserted you and you do not know where they are.
- Your spouse lives abroad and is unlikely to come to Malaysia within six months of the petition.
- Your spouse was required to attend conciliation and wilfully failed to.
- Your spouse is in prison for five years or more.
- You say your spouse has an incurable mental illness.
- The court is satisfied that exceptional circumstances make conciliation impracticable.
If your situation involves violence or threats, ask a lawyer whether the last exception could apply. See also marriage tribunal exemption.
What happens at the sessions?
The conciliation officer guides the discussion. They cannot make legal decisions or grant a divorce.
At the first session, the officer usually meets you both together. They ask why you want to divorce, where you each live now, about any children, and whether any problems can be fixed.
The officer may suggest counselling, time apart or other steps. You are both expected to take part honestly.
No lawyer can act for you at the sessions without the tribunal’s permission. A family member may represent you. See your lawyer before each session so you understand your legal position.
What certificate do you get?
If reconciliation fails, the tribunal issues a certificate. It may add recommendations on maintenance, dividing property and custody of the children.
JPN uses two forms.
A KC28 is issued when both of you attended but did not reconcile. A KC29 is issued when your spouse did not attend despite being properly notified. Either lets you file your petition.
How long does it take?
The Act gives the body six months from referral to resolve the matter. There are often two or three sessions, a few weeks apart.
If it is clear early on that you will not reconcile, the certificate may come sooner. If there seems to be a chance, more sessions may be held.
What to bring
For your first session, bring:
- Your marriage certificate (original).
- Your MyKad.
- Birth certificates of any children.
- A short note of the problems in the marriage.
- Any documents on disputes about property or money.
The officer may ask about your living situation, work and any arrangements for the children.
What are the possible outcomes?
You reconcile. The process ends and no divorce is filed.
You agree to divorce. If you can agree on terms, you may switch to a joint petition. This avoids a contested divorce and is faster.
Conciliation fails. You receive the certificate and can file your petition at the High Court.
How it affects your timeline
Conciliation can add up to six months before you can file. A single petition including conciliation often takes nine to eighteen months in total. A joint petition, with no conciliation, often takes three to six months.
If your spouse is cooperative but you have not agreed everything, you can use this time to negotiate, and possibly switch to a joint petition.
After conciliation
With the certificate, your lawyer can file the petition, a supporting affidavit (a sworn written statement) and other documents at the High Court. If you have children, a statement of arrangements for them is also filed.
The case then follows the usual divorce procedure: serving the papers on your spouse, case management and the hearing.
Looking to engage a divorce lawyer? If you are not sure whether you must attend conciliation, or whether an exception applies, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.
| Single petition (conciliation required) | Joint petition (conciliation not required) | |
|---|---|---|
| Conciliation step | Normally required under Section 106 | Excluded |
| Time added | Up to 6 months | None |
| Lawyer at session | Not without the tribunal's permission | Not applicable |
| If successful | You reconcile; no divorce filed | Not applicable |
| If unsuccessful | Certificate issued; you can file in court | File directly in court |
The process step by step
- 1
Apply to the marriage tribunal
Apply to a conciliatory body you both accept. If you cannot agree, it goes to the marriage tribunal for the area where you live, or where you last lived together. Bring your marriage certificate, MyKad and details of any children.
- 2
Your spouse is notified
Your spouse receives a notice of the conciliation date and is required to attend.
- 3
First session
You both meet the conciliation officer, who asks about the problems in the marriage and whether it can be saved.
- 4
Follow-up sessions
There may be two or three sessions over the following months, giving you both a chance to talk through the issues.
- 5
Receive the certificate
If you do not reconcile, the tribunal issues a certificate under Section 106. You need it to file a single petition at the High Court.
Frequently asked questions
Is JPN conciliation compulsory?
How long does conciliation take?
Can my lawyer come to the sessions?
What if my spouse refuses to attend?
Can conciliation lead to reconciliation?
What if we reach agreement during conciliation?
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.
When Can You Skip JPN Conciliation Before Divorce?
Learn when a Malaysian divorce can skip JPN conciliation (marriage tribunal): joint petitions and the six exceptions in Section 106 of Act 164.
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.
JPN Conciliation Tracker: Marriage Tribunal Steps
Track each step of JPN conciliation, the marriage tribunal referral needed before most single-petition divorces in Malaysia, and see what comes next.
Looking to Engage a Divorce Lawyer?
For people seeking legal representation. For general information, use our guides and tools.