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Divorce Guide

Marriage Tribunal Exemption

When Can You Skip JPN Conciliation Before Divorce?

The cases where the law lets you file for divorce without going to conciliation first.

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2 min readUpdated 7 Oct 20263 sourcesLaw Reform (Marriage and Divorce) Act 1976 (Act 164), Sections 52, 106

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

Contents

What is JPN conciliation?

Before you file a single petition (a divorce where one spouse files alone), Section 106 of the Law Reform (Marriage and Divorce) Act 1976 says you must first take your marriage problems to a conciliatory body. This is a body that tries to help you reconcile.

If you and your spouse cannot agree on one, the matter goes to the marriage tribunal for your area, run through the Jabatan Pendaftaran Negara (JPN). See our page on JPN conciliation.

The body should try to resolve the matter within six months. If it cannot, it issues a certificate saying so. You need this certificate before you can file.

When is conciliation not needed?

Joint petition. If you both agree to divorce and file a joint petition under Section 52, conciliation does not apply.

Conversion to Islam. A petition under Section 51, after one spouse converts to Islam, is also outside Section 106.

For a single petition, Section 106 lists six cases where conciliation is not required:

  • You were deserted and do not know where your spouse is.
  • Your spouse lives abroad and is unlikely to come to Malaysia within six months after you file.
  • Your spouse was asked to attend conciliation and deliberately did not turn up.
  • 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.

The last one depends on the court. Serious domestic violence may be raised as such a circumstance, but the court decides each case.

How do you rely on an exception?

Your lawyer will set out the facts in your papers and attach evidence. This may include:

  • An affidavit (a sworn written statement) explaining why the exception applies.
  • Proof such as records of your spouse living abroad, failed attempts to trace them, police reports or medical reports.
  • The draft divorce petition.

If the court accepts it, your petition can go ahead without a conciliation certificate.

Why does conciliation exist?

The law wants couples to have a chance to reconcile before a marriage ends. For many couples who have already decided, it can feel like a delay.

This is one reason many couples choose a joint petition, which does not need conciliation.

What if you must attend conciliation?

If no exception fits, attend the sessions as scheduled. Lawyers cannot act for you there. Only a family member may represent you, unless the body allows someone else.

If you do not reconcile, you receive the certificate and can file. Your lawyer can prepare the petition while you wait, so it is ready to file once the certificate is issued.

Looking to engage a divorce lawyer? If you are unsure whether your situation fits one of the exceptions, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

When is JPN conciliation not required?
It is not needed for a joint petition (Section 52) or a petition after a spouse converts to Islam (Section 51). Section 106 also lists six exceptions, such as a deserting spouse whose whereabouts are unknown, or a spouse living abroad who is unlikely to return within six months.
Does a joint petition divorce need JPN conciliation?
No. Section 106 does not apply to a joint petition, because you have both already agreed to divorce.
How do I show that an exception applies?
Your petition must set out the facts behind the exception, with evidence such as proof that your spouse is abroad or cannot be traced. For the 'exceptional circumstances' exception, the court must be satisfied that conciliation is impracticable. Your lawyer can prepare this.

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.

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.

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.

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.

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.

Divorce When Your Spouse Converts to Islam

If your spouse converts to Islam, Section 51 of the LRA 1976 lets you petition the civil court for divorce. When you can file, and custody and property orders.

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