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    Single Petition Notes in Malaysia

    Uploaded by

    Carmen Lim Kah Mun
    A contested or single petition divorce in Malaysia occurs when one or both parties disagree on the terms of the divorce, such as asset division or child custody. It involves a longer process than an uncontested divorce. First, the matter must be referred to a marriage tribunal to attempt reconciliation. If unsuccessful, the petitioner can file for divorce in court. The respondent is given time to respond before a trial is held and a decree granted, which does not take full effect for three months.

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    Single Petition Notes in Malaysia

    Uploaded by

    Carmen Lim Kah Mun
    373 views4 pages
    A contested or single petition divorce in Malaysia occurs when one or both parties disagree on the terms of the divorce, such as asset division or child custody. It involves a longer process than an uncontested divorce. First, the matter must be referred to a marriage tribunal to attempt reconciliation. If unsuccessful, the petitioner can file for divorce in court. The respondent is given time to respond before a trial is held and a decree granted, which does not take full effect for three months.

    Original Description:

    Documents and Steps to apply for Single Petition in Malaysia

    Original Title

    Single Petition notes in Malaysia

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    A contested or single petition divorce in Malaysia occurs when one or both parties disagree on the terms of the divorce, such as asset division or child custody. It involves a longer process than an uncontested divorce. First, the matter must be referred to a marriage tribunal to attempt reconciliation. If unsuccessful, the petitioner can file for divorce in court. The respondent is given time to respond before a trial is held and a decree granted, which does not take full effect for three months.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    373 views4 pages

    Single Petition Notes in Malaysia

    Uploaded by

    Carmen Lim Kah Mun
    A contested or single petition divorce in Malaysia occurs when one or both parties disagree on the terms of the divorce, such as asset division or child custody. It involves a longer process than an uncontested divorce. First, the matter must be referred to a marriage tribunal to attempt reconciliation. If unsuccessful, the petitioner can file for divorce in court. The respondent is given time to respond before a trial is held and a decree granted, which does not take full effect for three months.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Contested Divorce Malaysia is

    also known as a Single Petition

    Generally, a petition for divorce may be done after two years of marriage
    unless there is an exceptional of hardship suffered by the Petitioner in which
    we will elaborate further below.

    On the side note, feel free to click on this article Divorce in Malaysia: What
    is Uncontested Divorce (Joint Petition) to know more on Uncontested
    Divorce in Malaysia.

    What is a Contested
    Divorce/Single Petition?
    Contested divorce is exactly what it sounds like: one or both parties cannot
    agree, either about getting divorced, the terms of the divorce such as the
    division of assets child support or the custody of children. Therefore, the
    divorce proceedings take much longer to complete, and typically legal fees
    will increase.

    Law Reform Act 1976


    (“LRA”)
    1. Section 53 of the LRA provides that either party to the marriage may
    petition for divorce on the ground that the marriage has irretrievably
    broken down.
    2. Section 54 of the LRA further provides the facts and circumstances to which
    the Court shall deem the marriage has irretrievably broken down.

    Marriage Tribunal
    Before you can file for a Single Petition Divorce in Malaysia, there must be a
    reference of the matrimonial difficulty to the marriage tribunal pursuant
    to Section 106 of the LRA.

    If the matrimonial difficulty cannot be resolved by the marriage tribunal,


    then the tribunal shall issue a certificate to affirm

    Petition for Divorce


    Since the marriage cannot be resolved by the conciliatory body, then the
    next step is for the Petitioner to file a divorce petition;

    1. the divorce petition must be served to the Respondent personally or by post.


    2. If the Respondent wishes to defend the petition or to dispute the facts, the
    Respondent shall give the notice to defend within 8 days. Then, the
    Respondent has 21 days to file an answer to the petition. The
    petitioner may file a reply within 14 days after receiving the copy of the
    answer.
    3. The Petitioner or any party who is defending will then seek directions from
    the Registrar for a trial date.
    4. The Court will give its decision in respect of the maintenance of the
    spouses/children and of the custody of the child.
    5. A decree nisi may be granted by Court after the trial but this shall not be
    made absolute before the expiration of three (3) months.
    6. A Notice of Application for decree nisi to be made absolute shall then be
    filed.
    7. Lastly, a Certificate of Making Decree Nisi absolute by Divorce shall be
    granted.
    8. The Single Petition Divorce is now completed.
    Standard Legal Process for Single Petition

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