The MUTUAL PETITION - Divorce Process In Malaysia
Updated: Jan 12, 2020
A divorce starts with a divorce petition ("Petition"). The Petition is written by one spouse ("Petitioner") and served on the other spouse. The Petition is then filed in a court. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any matrimonial properties, child custody, and child or spousal support. A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property that they own during or before the marriage, support responsibilities of either or both of them, and provisions for any children.
When a marriage breaks up, divorce law provides legal solutions for issues that the Husband and Wife are unable to resolve through mutual cooperation. Historically, the most important question in a divorce case was whether the court should grant a divorce. When a divorce was granted, the resolution of continuing obligations was simple: The wife was awarded custody of any children,and the husband was required to support the wife and children.
What is MUTUAL PETITION?
Without the need for the parties to engage in discovery, prove what each owned prior to the marriage, argue about how the marital assets should be divided, and argue over the care and custody of their children. Coming to an agreement on issues related to dissolution of marriage means less emotional conflict and stress for all parties, including children and extended family. Submitting a Marital Settlement Agreement to the court also eliminates the stress of not knowing what the judge will order regarding the final divorce. Many couples find that giving up a few things in order to meet in the middle for such an agreement is well worth it, in that the divorce can usually be finalized much more quickly, and they can get on with their lives.
How Long Does It Take?
The whole process would be approximately take 2 to 6 months, from the date your divorce lawyer filed the Mutual/Joint Petition to a High Court in Malaysia until the date the Decree Nisi is made absolute by your lawyer, depending on the time frame stated in the Decree Nisi.
Agreed by Free Will or Forced to Agree?
It is very important to note that dissolution of the marriage by way of Joint Petition is out of the free will of the parties. That's why family lawyer is needed to advise on the terms professionally and equally.
NOTE: If you and your spouse are decided to divorce by way of Mutual Petition before having mutually consented to the terms of dissolution of your marriage with regards to the properties, maintenance, and children. Please seek advise from Family Lawyer before you really do so.
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