100Divorce

Question 13:

After the divorce application has been filed, what if either my spouse or I needs to travel overseas or be out of town on the hearing date fixed by the Court? Can the divorce still proceed?
Yes. The party who is unable to attend may instruct the lawyer to prepare an application seeking an exemption from attending the hearing. The relevant documents must be signed before a Commissioner for Oaths and filed with the Court by the lawyer. Alternatively, it is common for the lawyer to write to the Court explaining that the scheduled hearing date is unsuitable because both parties are overseas, and to request either a postponement of the hearing or for the hearing to be conducted via Zoom.

Question 9:

How long does it take for a divorce order to take effect?
Under normal circumstances, it generally takes about 3 months to take effect. However, an application may also be made to the Court for the divorce order to take effect immediately.

Question 10:

Do both parties need to meet the lawyer for the divorce application?
Yes. Both parties are required to provide the necessary information to the lawyer so that the divorce documents can be prepared. The parties will then sign the documents before a Commissioner for Oaths.

Question 12:

If either my spouse or I am unable to attend court, can we still proceed with the divorce application?
Yes. The party who is unable to attend may instruct the lawyer to prepare the necessary documents to apply to the Court for an exemption from attending the hearing. The documents must be signed before a Commissioner for Oaths and then filed with the Court by the lawyer.

Question 14:

If either my spouse or I is a foreigner and does not understand Bahasa Malaysia, can we still apply for a divorce?
Yes. You should inform your lawyer in advance that one party does not understand Bahasa Malaysia. The relevant documents, together with a licensed interpreter, must be brought before a Commissioner for Oaths. The interpreter will translate the contents of the documents for the party before the documents are signed.

Q7-Q8
What documents do I need to provide to the lawyer for the preparation of our divorce application?
The following documents are commonly required:
A copy of the marriage certificate
Copies of the children’s birth certificates (if applicable)
A copy of the Sale and Purchase Agreement or title deed for any property involved in the divorce arrangements
Bank account details (if maintenance is being claimed)

Q4-Q6
If both parties jointly own a house, can one party stop paying the housing loan after the divorce?
The parties should reach an agreement on who will continue servicing the housing loan before filing the divorce application.
My husband is involved with another woman, but I have no evidence. Can I still apply for divorce?
Yes. For a joint petition divorce, proof of adultery is not required.
My husband and I wish to apply for divorce. Must we first attend mediation?
Generally, mediation is not required for a joint petition divorce.

Q1-Q3
Is it necessary to attend court for a divorce application, or is signing documents at a law firm sufficient?
After signing the divorce documents at the law firm, both parties are still required to attend court to complete the divorce proceedings.
If I do not wish to see my spouse but still want a divorce, is that possible?
You may choose different dates to attend the law firm and sign the divorce consent documents separately. However, both parties will generally still be required to attend court during the legal proceedings.