Non-Muslim Divorce Procedures In Malaysia
In Malaysia, divorce procedures are different for Muslims and non-Muslims.
For non-Muslims, there are in general, two types of divorce — mutual consent and unilateral.
Mutual Consent Divorce
The procedure for a mutual consent/joint petition divorce is clearer due to both spouses agreeing to the terms of divorce beforehand.
Unilateral Divorce
You can file for divorce without consent from the other (unilateral divorce/single petition) based on four major grounds:
Adultery, unreasonable behaviour, desertion and separation.
You’ll still have to consult a lawyer and if your spouse refuses to sign the divorce petition, you can go ahead and file a single petition.
Meanwhile you may also submit yourself to a reconciliation process through a conciliatory body or marriage tribunal in the Jabatan Pendaftaran Negara (JPN). The purpose of the conciliatory body/marriage tribunal is to help reconcile you and your spouse. If reconciliation doesn’t work, you can attach the tribunal’s certificate and file your divorce petition in the High Court.
Originally published at www.burgielaw.com on January 18, 2016.
