Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 15

Q37–Q39

Question 37:

🔹If my spouse and I do not wish to attend the Conciliatory Body, can I still file a Single Petition for Divorce? How can my lawyer assist me?

🔸Yes. You may explain to your lawyer why attending the Conciliatory Body is not appropriate in your circumstances, and your lawyer may apply to the Court for an exemption from the conciliation process on your behalf.

Question 38:

🔹On what grounds can I apply to the Court for an exemption from attending the Conciliatory Body?

🔸Under Section 106 of the Law Reform (Marriage and Divorce) Act 1976, the Court may grant an exemption in circumstances including:

1. Your spouse has deserted you or his or her whereabouts are unknown;
2. Your spouse is residing overseas and is unlikely to return to Malaysia within six months after the divorce petition is filed;
3. Your spouse voluntarily fails to attend the conciliation proceedings after being required to do so;
4. Your spouse has been sentenced to imprisonment for five years or more;
5. You have evidence that your spouse is suffering from an incurable mental illness; or
6. There are other special circumstances making conciliation impracticable.

Question 39:

🔹How many times do I need to attend the Conciliatory Body, and how long will the process take?

🔸Generally, you will be required to attend at least three conciliation sessions. The overall duration depends on the schedule and availability of the Conciliatory Body.