UNILATERAL DIVORCE


Divorce without mutual consent or known as single petition. It is either party may file a petition to divorce without consent of the other party by providing reason of such action (either one) of the following:

  • The other party is committed adutery;
  • The other party has behaved in such a way that could not reasonably be expected to live with;
  • The other party has deserted his or her spouse for more than two (2) years from the date of petition;
  • Both husband and wife have live apart for continuous period more than two (2) years immediately preceding to the date of petition.

It will not automatic divorce, even though the parties are separated for more than two (2) years. They still need to apply divorce in court. 

Book A Consultation

PROCEDURE

  1. Consult a Lawyer
  2. Lawyer may assist you to apply for Jabatan Pendaftaran Negara (JPN) Tribunal for three times of your attendances within six months.
  3. The purpose of the tribunal is to reconcile the parties of the marriage. During the tribunal sessions, the government officers will try to understand the reasons behind the break-up marriage. 
  4. Then, you can filling for the divorce after JPN session and enclose the tribunal’s letter to the court. 

How long does it take for a divorce matter to be completed?

A unilateral divorce petition takes more time to be completed-depending on the following factors;

  1. date of hearing granted by the court (whether it is early or late);
  2. complexity of the case, time needed for both parties to reach a settlement (for joint petition’s case); and
  3. efficiency of the lawyer appointed.

COST

Estimate of legal fees? 

  • the more complicated, the more higher legal fees 
  • Contested divorces: takes a minimum of one year, and may cost a minimum of RM5,000 and can even go up to RM50,000 or more. 

*exclude Court disbursement

To Learn More or Set Up A Consultation?

Click Here

Appointment