Malaysia Family Law / Divorce Law |
Is Your Divorce Being Delayed by the Other Party❓ What If They Don’t Attend JPN❓

What If the Other Party Refuses to Attend Mediation?

Many people worry:
If the other party refuses to attend mediation, does that mean divorce becomes impossible?

The answer is: No.

If you initiate mediation and the other party repeatedly fails to attend, the relevant authority will issue a Sijil confirming their absence.

This document is crucial because it can be used to apply to the court for exemption from mediation.

In other words, the delay is not due to your non-cooperation, but the other party’s absence. In such cases, you may apply to bypass mediation and proceed directly with unilateral divorce.

What If You Do Not Wish to Attend Mediation at All?

Some individuals ask whether they can skip mediation entirely.

While some cite work commitments, in many cases, the reluctance stems from the emotional burden of revisiting personal issues.

Legally, it is possible to apply for exemption. You may present your reasons to the court and request to proceed directly with unilateral divorce. Approval, however, is subject to the court’s discretion.

Summary

📌 The other party’s absence does not prevent divorce
📌 You may use the Sijil to apply for exemption
📌 You may apply for exemption even if you prefer not to attend mediation
📌 Once exemption is granted, you may proceed directly with unilateral divorce

Mediation is intended to provide an opportunity for communication. However, if reconciliation is no longer possible, the law does not allow one party to indefinitely delay the process.