An Overview of Mediation Exemptions in Malaysia - How can one obtain a divorce unilaterally?(Single Petition)
Many people have heard that getting a divorce requires three visits to the JPN (National Registration Department)—is this true?
Today, we’ll clear everything up: What is a mediation exemption, and how do you apply for it? 👇
1️⃣ Mutual consent divorce vs. Unilateral divorce
| type | Do I need to go to the JPN? |
|---|---|
| Consent to divorce | ❌ Not necessary; file directly with the court. |
| Unilateral divorce | ✅ Must go through the JPN mediation process |
2️⃣ Is it mandatory to attend the JPN (National Registration Department) mediation three times?
Not necessarily.
If the other party does not show up → The certificate might be issued after the second session.
If both parties attend → Three sessions might be required.
3️⃣ What is a mediation exemption?
Applying to the court to bypass the JPN mediation process and proceed directly to a unilateral divorce.
Applicable situations:
✔ The other party has a mental illness.
✔ The other party is serving a prison sentence of 5 years or more.
✔ The other party’s whereabouts are unknown or they are residing abroad for an extended period.
✔ Other special circumstances.
4️⃣ Does domestic violence count as a special circumstance?
Yes, but evidence is required:
✔ Police reports
✔ Protection orders
✔ Hospital reports
✔ WhatsApp records of threats
⚠️ Without evidence, it is difficult for the judge to accept the claim.
5️⃣ Can I apply for an exemption if the other party is abroad?
Yes. However, you must prove:
✔ The other party is indeed abroad.
✔ They will not be returning in the near future.
✔ You have made reasonable efforts to contact them.
6️⃣ How long does the mediation exemption process take?
| Condition | Approximate time |
|---|---|
| The other party is not challenging it | About 3 months |
| The opposing party appeared in court to challenge the matter | Approximately 4–5 months |
7️⃣ Does obtaining a court order for exemption mean the divorce is finalized?
❌ No!
Obtaining the exemption order is merely the first step; you must still file a petition for a unilateral divorce and await the court’s judgment for the divorce to be officially finalized.
⚠️ In Malaysia, only the court has the authority to grant a divorce.
8️⃣ What should I prepare if I want to apply for an exemption?
1️⃣ Gather evidence (look for records, WhatsApp messages, police reports, etc.)
2️⃣ Clarify the situation (why is the other party unable to cooperate?)
3️⃣ Consult a professional lawyer
Every case is unique; thorough preparation of evidence is key to increasing your chances of success.
⚠️ Disclaimer: This content provides general information on Malaysian law for reference purposes only and does not constitute specific legal advice.
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