Many think that divorce proceedings in Malaysia are expensive and takes up their life time savings & energy.
Truth is, the fee for divorce is pretty much depending on which type of divorce petition one is opting for.
JOINT DIVORCE PETITION IS CHEAPER!!!
Generally, joint petition divorces (also commonly known as mutual divorce) are pretty straightforward and the fees are far more affordable compared to Single Petition divorce.
It’s simply because, almost all the terms of the divorce will be concluded in a joint divorce petition. This also means that the divorce procedure will be straightforward and less complicated. Hence the fee becomes affordable and cheaper compared to Single Petition Divorce.
What are the Common Terms to Finalise for Divorce by Parties?
The spouses to decide whether there will be a shared custody, care & control of the kids, or, sole custody, care & control to be given to one spouse.
This is commonly regarded as a living maintenance and a certain amount is to be paid monthly for this purposes.
In the event one parent gets the sole custody, care and control of the kids, the other parent will have visitation access towards them. This can be a structured visitation.
The spouses will decide whether the educational & other expenses to be shared by them equally or one party to assume the sole responsibility to pay off the expenses, or any other form of arrangement.
In the event there are any matrimonial assets, the parties would have come up with an agreement on what to do with the said matrimonial assets. Eg. to maintain the title as it is, or selling it off, or keeping it in trust for the kids.
This is maintenance to the spouse & in most cases, this will be for the wife.
It is advisable to seek the assistance of your lawyer who can mediate the terms between the parties, or seek the help of a mediator who can help the parties to reach an agreement.
Do remember that the fee for Single Divorce Petition is very expensive, and parties coming to a midpoint to settle the matrimonial disputes amicably is the best way.
What Happens When Parties Prefer Joint Divorce Petition but Unable to agree on Certain Terms?
What Happens After Signing The
Your lawyer will get the divorce petition filed at the respective court. Both parties will be required to attend the hearing.
Q: Is there a way where one party can be excused from attending the hearing?
A: The basis of joint petition is that parties are applying for it together. As such it is logical for both parties to be present. The judge would want to see both spouses (petitioners). What is the point of applying for joint petition when one party is reluctant to attend the hearing?
Having said that, there are exceptions to this general practise. The absence of one party must have been supported by proper evidence. For example, if the petitioner wife is on a work trip during hearing day, the flight tickets and confirmation from the employer etc is required to be submitted to the court beforehand. And, it is the discretion of the court whether to accept the reasoning or vice versa to exempt the party from attending Hearing.