Single Petition 

When to submit a Single Petition?

When spouse have contest on one of these areas:
1. Distribution and division of assets (matrimonial property)
2. Custody and visitation rights of Children
3. Wife Maintenance
4. Child Maintenance
5. Adultery, etc.

Single Petition is governed by Section 53 & 54 of the Law Reform (Marriage and Divorce) Act 1976.
The marriage at least lasts for 2 years, except in exceptional circumstances or hardship suffered by the petitioner.
The petitioner should obtain a certificate of completion of an attempt to reconcile the marriage issued by the Marriage Tribunal at the National Registration Department (JPN).
The following are the GROUND OF DIVORCE to be stated on the Single Petition:

1. your spouse has committed adultery and you cannot bear living with him/her; or
2. your spouse has behaved in such a way that you cannot be expected to live with him/her; or
3. you and your spouse have lived apart continuously for at least 2 years; or
4. your spouse has left you for a continuous period of at least 2 years.

Q & A

What do I do if my husband does not agree to the divorce or to some of the terms?

You can file for divorce even if he does not agree to the divorce but you must first refer your problems to a marriage tribunal in the district you last lived together. 

The tribunal will call both of you a few times and see if there is a possibility of reconciliation. 

If there is none, then the tribunal will issue you a certificate to say it can’t reconcile both of you and you can use it to file the petition. A single petition (contested divorce) can be filed in Court and the Court shall take into consideration the reasons for the divorce before making a conclusive decision whether to grant a decree for divorce as the dissolution of marriage is a matter of grave consequence affecting the entire family and children in particular. If circumstances make it just and reasonable, the Court must grant a decree of divorce having regard to the alleged facts.

What happens after my single petition for divorce is filed in court?

Your petition will have to be served on your husband. He will be given time to defend the case and to answer the allegations and claims you have made against him. 

Once all the necessary documents have been filed in court, the court will fix a hearing date. On the hearing date both sides will be given an opportunity to tell the court how the marriage broke down and prove their claims in court. The court will then decide if the divorce should be granted and what claims should be allowed.

How long does it take for a divorce matter to be completed?

The actual time needed for may vary in each and every single case depending on the following factors:

1. The date of hearing granted by the court (whether its early or late).
2. The complexity of the case.
3. The Time needed for both parties to reach a settlement (for joint petition's case) Generally, a joint petition divorce matter takes 6 to 9 months to be completed while a unilateral petition divorce (without mutual consent) matter takes more time to be completed. The divorce matter could take more time if it is contested.

How much is the legal fees?

The legal fee chargeable varies from one case to another depending on the following factors:

01. The complexity of the case as it affects the amount of time & skill a lawyer needs to spend;
02. The complexity of the Petition’s content (ie: the complexity of the Divorce Arrangement and Settlement)
03. Whether the divorce petition is contested. Legal fee for contested matter is generally higher than uncontested matter.

Currently my husband and I are staying in melaka, but I registered my marriage in Kuala Lumpur. Do I need to file for a divorce in Kuala Lumpur?

No. You can file your divorce in Melaka or in the High Court nearest to you if you and your husband are living in different states or towns.

I am a Malaysian who married a foreigner. We got married overseas. Can I file for divorce in Malaysia or do I have to go back to the country where we got married?

Both parties must be domiciled in Malaysia in order to file for divorce in Malaysia. However, a wife has additional rights to file for divorce in Malaysia in certain cases even if her husband is not domiciled in Malaysia. A foreigner husband does not have the same rights. Also, a foreign divorce certificate can be recognised in Malaysia by filing a petition in court to recognise the foreign divorce certificate.

For civil marriages that were administered overseas, with a divorce also under the said foreign country, the Malaysian citizen party to the marriage must obtain a Declaration Order from the High Court of Malaysia in accordance with Section 107(3) of the Law Reform (Marriage and Divorce) Act 1976 (ACT 164). Even if the marriage in a foreign country was reregistered at the Malaysian Mission or JPN under Section 31 of the Act, the RegistrarGeneral of Marriages does not have the authority to directly register the divorce documents produced by a court in the foreign country without a Declaration order from the High Court of Malaysia. Therefore, a party to the marriage must obtain a Declaration Order from the High Court of Malaysia and produce the original Order along with the divorce document from the court of the foreign country to JPN. JPN will then update the Marriage Record accordingly.
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Why Us?

We provide the warmest professional service.

We have handled more than 1200 divorce cases since 2016. Our team has been listed as one of the best divorce lawyers in Kuala Lumpur

In Michael Tie & Co, in every case, we set up a “1 + 3” or “1 + 2” special service team, which is led by a senior lawyer who is an expert in Family Law, coordinated by a legal assistant who is always a solicitor and legal support team.

We have compiled a complete and updated court judgement in relation to the divorce cases in Malaysia. We are confident that our divorce lawyers can draw up more effective, accurate and appropriate litigation directions and strategies for you.

Our divorce lawyers will compare court judgments for the past 15 years with your actual situation and from the research, we will give our prediction on possible judgments by the court and we will advise you the best options and strategies you should take. 

We offer free legal consultation. 

We know you need someone to talk to when you are suffering, it is natural to want to talk to consult someone about your problem. You can talk to us about whatever challenges you are experiencing and our experienced family lawyer will help you in the way that you deserve. 

Our charging method is simple, transparent and clear.

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Other Divorce Services

Joint Petition

When both of you can agree on all issues, ie, maintenance for spouse and children.

Child Custody And Visitation

Dispute of the gardianship and visitation rights of child.

Maintenance To Wife And Children

Provide continuous financial support to the family.

Distribution of Marital Assets

Marital property is distributed equitably in a divorce proceeding.

Annulment Of Marriage

A legal procedure to cancel a marriage.

Judicial Separation

A form of legal separation while remaining legally married.
Michael Tie & Co 


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