A Divorce is initiated by filing a Petition to Court. In reality, ending a marriage is often not a simple process and could be very complicated.
As compared to a single divorce petition, a joint divorce petition is more straightforward. Dissolution of marriage by Joint Divorce Petition or mutual consent is governed under Section 52 Law Reform (Marriage and Divorce) Act 1976 (Act 164).
It is usually the situation where both husband and wife have come to an agreement in relation to the terms and conditions of the divorce. This means that both parties have already agreed on the major issues such as (1) maintenance to the Child/Children, (2) Child/Children custody (3) matrimonial assets and (4) maintenance to the Wife and they do not wish to contest the divorce.
Consequently, a joint divorce petition is slightly easier and less complicated to conduct as compared to a single divorce petition. Only one hearing is required to obtain the absolute decree nisi for parties to formally dissolve the marriage.
The legal process for a joint divorce petition proceeds as follows:-
- Filing of divorce cause papers;
- Obtain a hearing date where both parties are required to attend;
- Grant of Decree Nisi/Decree Absolute from High Court; and
- Update their marital status with Jabatan Pendaftaran Malaysia.
Documents required are:-
- Certificate of Marriage;
- Identification card of the parties;
- Birth Certificate of the Child/Children; and
- Documentation of the matrimonial asset(s).
One of the few advantages to file a divorce by joint petition or mutual consent are it is less costly, expeditious disposal of case as compared to single divorce petition, and more private as no allegations of fault will take place in Court.