Malaysia Family Law / Divorce Law |
Do You Have to Attend JPN Mediation Three Times Before Filing for Divorce ❓
Can You Apply to the Court for an Exemption ❓

Recently, we have received many inquiries regarding the “Marriage Tribunal (JPN)” and “exemption from mediation.” Many people assume that once divorce is involved, the process must be complicated, and some have even heard that “you must go to JPN at least three times to divorce.”

In fact, this understanding is not entirely accurate. This article clarifies the key points: when is it necessary to go to JPN, what is an exemption, and how should it be handled?

1）Is It Mandatory to Go to JPN for Divorce?

Not necessarily.

If both parties agree to the divorce (i.e., all terms have been settled), the general procedure is:

📌 Both parties agree on the divorce terms (which must be lawful)
📌 Put the terms in writing, sign, and affirm under oath
📌 File the case in court
📌 Both parties attend the hearing
📌 The judge grants a divorce based on the agreed terms

✅ In this situation, JPN mediation is not required.

Situations that usually require going to JPN:

📌 Unilateral divorce (one party does not agree or terms cannot be settled)
➡️ Only then will the case enter the JPN mediation process.

2）Is It Mandatory to Attend JPN Three Times?

Not necessarily.

In practice, some cases do not go through all three sessions:

📌 The applicant may attend the first session alone
📌 The other party may still be absent at the second session
📌 JPN may issue the relevant certificate (Sijil) at the second session
📌 With this certificate, the applicant may proceed to the next step (e.g., apply for exemption or initiate court proceedings)

Of course, there are cases where the other party is repeatedly absent and the process continues until the third session, but there is no strict legal requirement that it must be completed three times.

3）Can You Attend Three Consecutive Days and Complete All Sessions at Once?

No.

This is because JPN is designed for mediation, not merely a procedural formality. Mediation requires time for both parties to communicate, calm down, and reassess whether reconciliation is possible.

The purpose is to facilitate resolution—not to allow the process to be rushed.

4）What If the Other Party Deliberately Does Not Attend? Does That Mean Divorce Is Impossible?

No.

If the other party fails to attend, a relevant certificate will usually be issued to confirm their absence rather than any lack of cooperation on your part.

This document may then be used to:

📌 Apply for exemption from the mediation requirement, or
📌 Proceed to the next stage of unilateral divorce

The key point is: the other party’s absence does not indefinitely block the process.

5）What Is “Exemption”? What Does It Exempt?

“Exemption” generally refers to:

✅ Being exempted from attending or continuing JPN mediation, allowing the case to proceed directly to court (e.g., unilateral divorce).

Some individuals:

📌 Attend JPN, obtain the certificate due to the other party’s absence, then apply for exemption
📌 Or apply to the court from the outset to be exempted from JPN (subject to court approval)

6）On What Grounds Will the Court Grant Exemption?

Usually, there must be special circumstances, and the court exercises discretion on a case-by-case basis.

Common examples (provided by law or practice) include:

📌 The other party has been sentenced to 5 years or more of imprisonment
📌 The other party suffers from mental illness (supported by medical or institutional evidence)
📌 The other party is missing and cannot be located (with proof of reasonable efforts to find them)
📌 The other party is overseas for a prolonged period and unable to attend mediation

If the issue is inability to locate the other party, evidence of “reasonable efforts” should be prepared, such as:

📌 Attempts to contact (phone, WhatsApp records, etc.)
📌 Visits to last known address or relatives’ residences
📌 Inquiries with family members without success
📌 Public notices, missing person announcements, or social media postings (depending on circumstances)
📌 Police reports (strongly recommended to demonstrate genuine effort)

7）Do Domestic Violence or Psychological Abuse Count as “Special Circumstances”?

Generally, they may qualify—but the key lies in evidence.

If alleging domestic violence:

📌 Was a police report made?
📌 Was assistance sought or a protection order applied for?
📌 Are there medical records, photographs, reports, or documentation?

If alleging psychological abuse:

📌 Are there message records, voice recordings, or evidence of prolonged harassment or threats?
📌 Are there any relevant reports (if applicable)?

The court typically requires objective evidence to assess whether the conduct occurred and its severity, rather than relying solely on assertions.

8）If the Other Party Converts to Islam, Does It Affect the Exemption Process?

If the other party has converted, it is often unnecessary to go through the exemption and mediation process. Divorce proceedings may proceed directly on the basis of conversion.

However, if the marriage was originally registered under civil law, the divorce and related matters (such as children and property) are generally still handled by the civil (family) court.

9）Does Obtaining an Exemption Order Mean the Divorce Is Finalized?

No.

An exemption order simply means that a particular procedural requirement is waived, allowing the case to proceed in court.

In Malaysia, the key principle is:

✅ A marriage is only dissolved upon a court judgment.

Many people assume that since marriage registration is handled by a government department, divorce can also be completed administratively. However, in Malaysia, divorce must ultimately be finalized by the court.

10）If You Intend to Engage a Lawyer, What Should You Prepare?

The most important step is not to guess what documents to prepare, but to first allow the lawyer to understand your situation:

📌 Which type of divorce process applies to you
📌 The circumstances of the other party
📌 The reasons for seeking exemption
📌 The evidence currently available

As each case differs, the required documents will vary accordingly.