WHAT IS A JOINT PETITION DIVORCE?
Not every marriage ends well.
Sometimes, divorce is the last solution we have. Worry not, not all divorce should end on bad terms. Joint Petition Divorce or also known as Mutual Separation is when both parties to a marriage agree to divorce on good terms and mutually consent to all the terms of a divorce.
Joint Petition Divorce has been embedded under Section 52 Law Reform (Marriage and Divorce) Act 1976 (Act 164) and thus, it only applies to non-Muslims couple in Malaysia. This divorce is only allowed when one of the parties of the marriage is domiciled in Malaysia or a citizen of Malaysia and they must have been married for at least two years when the Petition is filed as according to Section 50 of the Act 164.
WHY DO YOU NEED A JOINT PETITION DIVORCE?
Joint Petition Divorce is less costly and takes a shorter time compared to the Single Petition Divorce. This is because there will be no contested issues during the hearing that need to be heard before the Judge and both parties must first agree and consent to all the terms of a divorce before the petition is being filed at the Court.
In fact, both parties will not need to undergo the conciliation process at the Jabatan Pendaftaran Negara (JPN) before they can apply for the divorce.
Joint Petition Divorce is also less costly as it is easier to conduct and only one hearing is required to obtain the decree for divorce. After three months of the hearing, the divorce will be absolute and thus the dissolution of marriage becomes valid and the parties can legally remarry.
WHEN DO YOU NEED A JOINT PETITION DIVORCE?
Joint Petition Divorce is advisable for both parties who intend to dissolve the marriage in a good relationship and have reached a consensus as to the terms and conditions of a divorce. These terms and conditions include spouse maintenance, custody of the children, as well as the distribution of the matrimonial assets.
Joint Petition Divorce is also advisable for both parties to a marriage who wants to dissolve the marriage fast for remarry. The petition takes only 3 to 6 months to be processed to before one obtains theabsolute termination of marriage status. On top of that the parties to a marriage are not obligated to attend the marriage counselling at Jabatan Pendaftaran Negara (JPN) before applying to High Court of Malaya for an order for divorce.
HOW CAN I START THE PROCESS?
Do you intend to start and apply the Joint Petition Divorce? Or you need more information on this? Feel free to contact us by pressing the Contact Us button on this page to get in touch with our lawyers.
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