How to File for Divorce by Joint Petition in Malaysia (Easy Guide)

Thinking of ending your marriage but want to do it peacefully and with minimal stress? If both you and your spouse agree on the divorce and all the terms (like custody, property division, etc), a joint petition is the easiest and fastest way to get divorced in Malaysia.

In this article, we’ll explain what a joint petition is, who can file, the process step-by-step, and what to expect.

What is a Joint Petition Divorce?

A joint petition is a divorce where both husband and wife agree:

• to end the marriage;
• on the division of property;
• on custody and care of children (if any); and
• on maintenance (if any).

Who Can File a Joint Petition?

You can file a joint petition if:

• You’ve been married for at least 2 years; and
• Both of you agree on everything related to the divorce.

Step-by-Step Divorce Process (Joint Petition)

1. Consult a lawyer – Both spouses can agree to engage one lawyer to handle the process and draft the joint petition. However, in some situations, each party may prefer to appoint their own lawyer to discuss and negotiate the terms before signing.
2. Drafting the joint petition – The lawyer prepares court documents with all the agreed terms, including custody, property, and maintenance.
3. Signing – Both parties sign the documents before a commissioner for oaths.
4. Filing in court – The lawyer files the joint petition at the family court registry.
5. Hearing date – A court hearing date will be scheduled, which may be conducted physically or via Zoom, depending on the court. Both spouses are usually required to attend, unless the court grants exemption under special circumstances (e.g. if one party is overseas or medically unfit).
6. Court grants divorce – The judge will record the agreed terms and grant a decree nisi (an interim divorce order).
7. Final order – After 3 months, the divorce becomes final with a decree absolute, officially ending the marriage.
8. Update Marital Status with JPN – Once the Decree Absolute is issued, you should bring the court order to Jabatan Pendaftaran Negara (JPN) to update your marital status in the national records.

Divorce is never easy, but when both spouses are on the same page, a joint petition offers a smoother, faster, and more cost-effective way to move forward. If you’re considering a joint petition and want clear guidance through each step, we’re here to help.

Schedule a consultation today and let us help you navigate your divorce with clarity and care.