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1.1 There are two types of Divorce Petitions in Malaysia, mutual consent (joint petition) and a
divorce petitioned by one party (single petition).
Joint petition
2 Section 52 is divorce by mutual consent, that the husband and wife mutually agree that their
marriage should be dissolved.
Single petition
3 In single petition, Section 53 of LRA 1976 provides that either party to the marriage may
petition for divorce on the ground that the marriage has irretrievably broken down. Section 54
further provides some facts and circumstances where the court will consider the marriage be
deemed to be irretrievably broken down.
3.2.1 The second step is the filing of petition of divorce by the petitioner.
3.2.2 The next step is to serve the petition personally or by post to the respondent. Then an
acknowledgment in Form 6 of the Rules 1980 has to be signed by the party to be served or by
the solicitor on his behalf. If the party to be served intends to defend, he shall give a statement
with the acknowledgment of service of petition signed by the party or the solicitor on his behalf
stating his intention to defend.
3.2.3 If the respondent of the petition of divorce wishes to defend the petition or to dispute the
facts he shall give notice of intention to defend within 8 days. Thereafter, the respondent has 21
days to file an answer to the petition. The petitioner may file a reply within 14 days after he has
received a copy of the answer.
3.2.4 The fourth step for a single petition is the petitioner or any party who is defending seeking
for directions of the Registrar for trial. If the registrar is satisfied that a copy of the petition and
any subsequent pleadings have been duly served or there is no notice of intention to defend
given by the party entitled to give it after the time has expired. The registrar shall also determine
the place for trial having regard to all the circumstances and information available to him.
3.2.5 During the trial, the court has the power to give decision regarding to the custody of
children, maintenance of spouses and maintenance of the children. The respondent of the
divorce petition may be heard on question of custody or access to any children of the family.
Respondent can also be heard for any question of ancillary reliefs and costs. The respondent
may also file in court a written statement of his views on the present and proposed arrangements
for the children.
3.2.6 Next, the court may grant a decree nisi to the parties after the trial. Section 61(1) of the
LRA 1976 stated that the decree of divorce shall first be decree nisi which will not be made
absolute before expiration of three months after it is granted.
3.2.7 The sixth step is the decree nisi to be made absolute by filing a notice in Form 8 of the
Rules. In the event that after the pronouncement of a decree nisi but before it made absolute,
reconciliation occurs between the spouses, then either party can apply for an order to rescind the
decree by consent.
3.2.8 The seventh step of a divorce proceeding is the grant of a Certificate of Making Decree Nisi
Absolute by Divorce as in the Form 9 of the Rules 1980 to acknowledge the divorce between the
parties.
3.2.9 After the Certificate as in Form 9 of the Rules 1980 is granted, a divorce for a non-Muslim
couple in Malaysia is complete.