How Do You Start A Joint Divorce Petition?

HOW DO YOU START A JOINT DIVORCE PETITION?

You must be wondering on what to do if you want to file for a Joint Petition Divorce.

Don’t be panic, because we’re here to help you.

First, you must make an appointment with our lawyers to fix a date to meet you in person and gather all the information and documents required.

After that, you can just sit back and relax as we will prepare the Petition and Affidavits (the documentations) prior filing it to the High Court of Malaya.

After filing of the Joint Petition, the Court will then fix a date for hearing which takes around 1 to 2 months from the filing date.

On the day of the hearing, you and your spouse are required to attend the Court unless there are valid reasons to not attend the hearing.

Our lawyers will then inform the Court about the terms of the Joint Petition such as the custody of the children, the distribution of matrimonial assets and spouse maintenance and will only grant the Order once they are satisfied that both parties agree and consent to all the terms.

Court may then grant a Decree Nisi after the hearing and the dissolution of the marriage will only be absolute after 3 months in which the Court will grant you Decree Absolute and you are considered legally divorce.

WHAT ARE THE THINGS YOU NEED TO PREPARE FOR A JOINT PETITION AND WHEN DO YOU HAVE TO DO IT?

During the appointment with our ASCO Law lawyers, we will advise to bring all these documents for the purpose of preparing the Petition and Affidavits:

1. Copy of Identification Card (IC) of Husband and Wife

2. Original Certificate of Marriage

3. Birth Certificate of Children (if any)

4. Copy of Identification Card (IC) of Children (if any)

Our team will also be discussing with you on the terms of the Joint Petition Divorce during the first appointment.

HOW LONG DOES A JOINT PETITION DIVORCE PROCEEDING LASTS?

The Joint Petition Divorce usually takes only 4 to 6 months. Our team of lawyers will take a week to prepare for the Petition and Affidavits as well as the filing of the Petition. Then, the Court will fix a date for hearing after 1 to 2 months after filing of the Petition.

If the Court satisfy that both parties have mutually agreed and consent with the terms of the divorce, the Court will grant a Decree Nisi and after that, 3 months will be reserved by the Court for both parties to think whether they want to proceed with the divorce or to reconcile.

The Decree Absolute will be granted at the end of the 3 months and you are now legally and officially divorced.

NEED LAWYER ADVICE ON YOUR DIVORCE?

Does your partner and you intend to divorce mutually and you have no idea where to begin? Let's start the ball rolling by having a brief discussion with lawyers in ASCO Law on the things you need to know on divorce. Our consultation is free.