Want a peaceful divorce? This is the simplest and fastest way!
In Malaysia, if both spouses have agreed on all divorce matters, the most convenient, time-saving, and cost-effective way is to file a mutual divorce (also called a joint petition).
This type of divorce avoids lengthy court disputes and does not require proof that the marriage has broken down — as long as both parties agree to the divorce and have settled all related issues.
📜 What is a Joint Petition for Divorce?
A joint petition divorce means:
➡️ Both parties agree to divorce
➡️ Both agree on who will have custody of the children
➡️ Both have discussed and agreed on spousal maintenance, asset division, etc.
➡️ There are no other major disputes between them
📌 Under Section 52 of the Law Reform (Marriage and Divorce) Act 1976, if both parties agree to divorce and have reached consensus on the following, the court can approve the application without further investigating whether the marriage has broken down:
• Child custody and guardianship arrangements
• Spousal maintenance (if any)
• Division of property
• Visitation arrangements and frequency
🧾 Do We Qualify to Apply?
Under Section 50, before filing a joint petition, you must meet:
✅ Marriage lasting at least 2 years (unless exempted by court for special reasons)
✅ Both parties clearly agree to divorce
✅ If there are children, both have agreed on custody and visitation
✅ Both have agreed on maintenance and property division
✅ No other unresolved legal disputes
📁 What Documents are Needed for a Joint Petition?
📌 Common required documents:
• Copies of both spouses’ ICs (Identity Cards)
• Marriage certificate copy
• Children’s birth certificates & IC copies (if any)
• Children’s health reports (can be from a regular clinic)
• Documents of joint property (sale agreements, land titles, etc.)
📌 Information also required:
• Current addresses of both parties
• Place of marriage registration
• List of assets under each name
• How legal costs will be borne (split or individual)
• Number of children, their schools, and addresses
• Who has custody and guardianship
• Responsibility for medical costs and insurance
• Whether both will continue to support children through university
⚖️Maintenance & Child Support After Divorce
✅ Under Sections 76 & 77 of the Act:
• The court may order one spouse to pay maintenance to the other
• Having an income does not automatically remove eligibility for maintenance
✅ Section 93 states:
Both parents have a duty to support a child’s living and education expenses (food, housing, school fees, etc.)
✅ Section 95 states:
Parental duty generally continues until 18 years old; if the child pursues higher education, the court may order support until graduation.
🤝 Visitation Arrangements Must Be Clear!
To avoid future disputes, visitation arrangements should clearly state:
• Whether prior notice is needed and how early
• Whether the child’s wishes are considered
• Whether visits avoid school hours
• Whether overnight visits on weekends/holidays are allowed
📅 Divorce Process Overview:
1. ✅ Both parties negotiate and reach agreement
2. ✅ Lawyer prepares joint petition documents
3. ✅ Submit to court, hearing date scheduled
4. ✅ Both must attend court hearing in person
5. ✅ Court issues interim divorce order (Decree Nisi)
6. ✅ If no objections, final divorce order (Decree Absolute) issued after 3 months
7. ✅ Within one year, NRD (JPN) updates divorce record, restoring single status
🚫 What If You Can’t Reach an Agreement?
If one party disagrees to divorce, or disputes arise over property or children, the other must file a unilateral divorce to seek a court decision.
This process takes longer and incurs higher legal costs.
✅ Conclusion: Joint Petition = The Fastest, Simplest, and Most Cost-Effective Divorce Method!
As long as both parties agree, a joint petition can be completed in a short time, with a simple process, and the court no longer needs to “judge” your marriage.
📌 If you wish to regain your single status quickly, it’s advisable to engage an experienced family lawyer who can handle everything from document preparation to court appearance in one go!
