Every person deserves a relationship with someone who doesn’t make you compete for their affection and never has you guessing where you stand with them. If you love the wrong person that much, imagine how much you can love the right one. Nobody is perfect, and people grow and change, so hopefully any mild issues within your partnership can be resolved.
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Some serious problems in a family can only be taken care of by ending the relationship and breaking all ties with your partner.
Of course, this post is not encouraging a divorce, but a choice to end a troubled marriage can be a great relief to a family.
There are two types of divorce of marriage for non-Muslims in Malaysia and this article tells you the differences between two types of divorce proceedings.
Joint Petition vs Single Petition
| Joint Petition | Single Petition |
|---|---|
| The divorce is initiated by both spouses (husband and wife) by way of mutual understanding to file a joint petition for the dissolution of their marriage. | Assuming that only one party (either husband or wife) wishes to file for divorce, or when both parties are not able to reach a consensus on the divorce, one of them can file a single petition without the consent of the other party by stating the grounds of divorce. |
How long will it take to divorce?
| Joint Petition | Single Petition |
|---|---|
| 6 – 9 months | 1 – 2 years |
Time taken in a divorce will also be affected by:
– the complexity of the case;
– the hearing date set by the court;
– the time taken by the parties to make decisions;
– the efficiency of the law firm.
Who shall obtain the custody of child?
| Joint Petition | Single Petition |
|---|---|
| Both parties can mutually decide and agree, e.g. take turn to take care of their child. | Apply from the court, the judge will decide according to the factors such as the interest and welfare of the child and the wish of the parents. |
How to distribute assets?
| Joint Petition | Single Petition |
|---|---|
| Both parties can mutually decide and agree, e.g. 50% ownership for each person, or share the proceeds after sale | Apply from the court, the judge will decide according to the portion of contribution by the parties. |
How much is the cost for a divorce?
| Joint Petition | Single Petition |
|---|---|
| Lower fees than Single petition | Higher fees due to the complexity of the procedure |
Cost spent in a divorce will also be affected by:
– the complexity of the divorce agreement between the parties;
– the complexity of the case;
– the hearing date set by the court;
– the time and cost taken by the lawyer in handling the case.
Who shall pay the legal fees?
| Joint Petition | Single Petition |
|---|---|
| Legal fees can be borne by the parties equally, or fully borne by either party. | Legal fees shall be borne by the parties themselves. |
Are marriage counselling sessions required?
| Joint Petition | Single Petition |
|---|---|
| Not required, can straight away proceed to file a divorce petition. | To start a single petition divorce in Malaysia, both parties must go through 2 to 3 marriage counselling sessions with the Jabatan Pendaftaran Negara. |
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Disclaimer:
The information published in this article is provided for general informational purposes only and does not constitute any legal advice from Messrs. Yee & Partners. Feel free to seek legal advice from our professional lawyers.