Basic Overview of Divorce Proceedings in Malaysia

Hi everyone, its been a while since I posted anything on this blog since I was busy with so many things. Today's topic is on Divorce Proceedings, a matter that some may feel as unsavory but nonetheless still necessary in life.

Divorce in Malaysia is regulated by the Law Reform (Marriage and Divorce) Act. This law regulates all marriages and divorces of non-Muslims in the country.

Most people who come to seek advice, have no idea how to go about the divorce proceedings. To begin, a Divorce is only for couples who have registered their marriage. Couples who have been living together but have not registered need not get a divorce as they have no legal obligations to each other.

Generally there are two types of divorce i.e. Single Petition and Joint Petition. A Single Petition is when only one of the parties to the marriage seeks a divorce. A Joint Petition is when both parties to the marriage mutually agree to divorce.

Usually a Joint Petition Divorce is much easier and straightforward. Since both parties agree to divorce, they must also agree to the terms and conditions of the divorce i.e. custody of children, maintenance, division of matrimonial property etc. If both parties can come to an agreement the Joint Petition can be filed together with the agreed terms in Court and an order for divorce can be granted in a short amount of time. The order for divorce is called a an Order of Decree Nisi. This order is temporary and the divorce is only confirmed after a period of 3 months. Anytime within this period, the parties can cancel the divorce if they choose to. After 3 months the order becomes a Decree Nisi Absolute, i.e. the divorce is permanent.

In a Single Petition however, only one of the parties to the marriage is requesting for a divorce either because the other party refuses to divorce or in some cases no longer traceable. For whatsoever reasons, not all divorces can be settled amicably, some can be quite messy.

If only one party to the marriage wants a divorce, he or she must first go to the National Registration Department and go to the Marriage & Divorce division and apply for a referral to the Marriage Tribunal for reconciliation. The Tribunal will fix a date for both husband and wife to appear and hear their matrimonial issues. If the Tribunal is satisfied that the marriage cannot be saved, they will issue a certificate stating that there is no other recourse but to proceed with the divorce. The Tribunal will also issue the certificate, if one of the parties fails to attend the Tribunal hearing for more than 3 times.

After the Tribunal issues the certificate, the aggrieved party can proceed with filing a Single Petition in Court. The Court will fix a date for both parties to appear and for pleadings to be filed. This can be a long drawn out affair depending on the attitude of both parties and the more complicated the case the more expensive the legal fees become. After pleadings has been filed, and after a hearing has been carried out, the Court will then decide on the terms of the divorce, including custody of children, maintenance, division of matrimonial property etc. Similar to a Joint Petition, the order will be for Decree Nisi which shall only become absolute after 3 months i.e. the divorce will become permanent after 3 months from the order, and during that time the divorce can be set aside.

Some couples don't bother to get a divorce and just split up and go their separate ways. But this kind of approach will only come back to haunt them the moment they want to re-marry or when inheritance issues arise.

Any other questions relating to divorce, maintenance, custody, division of matrimonial property, etc can be sent to this email: divorce.matrimony.malaysia@gmail.com

How To Get Married in Malaysia (Non-Muslims)

The following is a reproduction from the National Registration Department's web page:

REGISTRATION OF MARRIAGE FOR NON-MUSLIM APPLICANTS GENERAL INFORMATION

1.         Registration of marriage is COMPULSORY for a non-muslim Malaysian.

2.         Non-muslim foreigner living in Malaysia may apply to register their marriage under this act.

APPLICATION CONDITIONS

1.         Applicants are required to be present at the National Registration Department (NRD) counter or Malaysian Representative Office abroad to submit the application for registration of marriage.

2.         The place of application is dependent on the address stated in MyKad (for Malaysian) or the residential address in Malaysia (for non-citizen). This condition does not apply to the application for solemnisation and registration of marriages in churches, temples and associations.

3.         The applicants must reside in the district of marriage for at least 7 days +1 day before applying for marriage at the relevant NRD office. This condition does not apply to the the application for solemnisation and registration of marriage in churches, temples and associations.

4.         For marriage applications where one party or both parties are foreigner, applicants must submit the application to the NRD office. Marriage registration is only allowed at the NRD office.

5.         The registration of marriage shall take place after 21 days + 1 day but not later than 6 months from the date of application. For marriage applications in a Malaysian Representative Office, the application will be sent to the NRD office of the marriage district in Malaysia where each party to the marriage was last ordinarily resident to be displayed for at least 21 days + 1 day.

6.         Police / army personnel MUST get the Approval Letter to get married issued by the head of department concerned.

7.         A licence as listed below, if applicable, have to be submitted with the application for marriage except for the application for a licence using Form JPN.KC01E is to be submitted after the application of marriage at NRD.

7.1.      Application for marriage licence for parties whose relationships are prohibited is to be made using Form JPN.KC01A (subject to the approval of the Chief Minister or Menteri Besar). A fee of RM2.00 will be charged if approved.

7.2.      Written consent to the marriage for one who has not completed 21 years of age but having completed 18 years is to be made using Form JPN.KC01B (requires permission of persons listed in paragraph 2, Form JPN.KC01B). No fee is charged.

7.3.      Application for a marriage licence to dispense with the notice of marriage and certificate for marriage is to be made using Form JPN.KC01C (subject to the approval of the Chief Minister or Menteri Besar). A fee of RM100.00 will be charged if approved.

7.4.      Application for a marriage licence for female below 18 years of age but having completed 16 years is to be made using Form JPN.KC01D (subject to the approval of the Chief Minister or Menteri Besar). A fee of RM10.00 will be charged if approved.

7.5.      Application for a licence to solemnise marriage in a place other than the office of the Registrar is to be made using Form JPN.KC01E (subject to the approval of the Chief Minister or Menteri Besar). A fee of RM500.00 will be charged if approved.

7.6.      The licences JPN.KC01C, JPN.01D and JPN.KC01E are valid for one month from the date of approval.

8.         Student pass or temporary employment pass holder shall get an approval from the Immigration Department of Malaysia to register their marriage in Malaysia.

9.         Non-citizen must produce a letter to confirm their marital status.

10.       Myanmar citizen must produce a letter from their government to allow them to marry in Malaysia.

11.       A confirmation letter from the respective government that the applicant is not a Muslim (i.e. Iran, Iraq, Egypt, Algeria, Pakistan, Bangladesh or other Muslim countries or from any other country if required).

12.       Application for an authorisation letter for registration of marriage to a non-citizen at the NRD office in a different state shall be submitted to the Marriage and Divorce Division’s counter, NRD Headquarters, Putrajaya or by post addressed to:

Ketua Pengarah Jabatan Pendaftaran Negara (Bahagian Perkahwinan dan Perceraian)

No. 20, Persiaran Perdana Presint 2 62551 PUTRAJAYA

(Documents sent by post must include the correct contactible correspondence address)

13.       It is the responsibility of the applicant to have available an interpreter during the registration of marriage if the applicant does not understand Malay Language or English.

14.       Malaysian couples who wish to register customary or religious marriages in churches, temples or associations are required to go to any National Registration Department office to confirm the information on the marriage application and to pay a fee of RM20.00 for the Marriage Register.

REQUIRED DOCUMENTS

1.         Form JPN.KC02 that is completed.

2.         MyKad, MyPR or Malaysian green card (that is still valid).

3.         ORIGINAL passport and photocopy of pages with personal details, the latest arrival date in Malaysia and a valid visa or pass for non-citizen.

4.         One (1) colour passport-sized photograph per applicant.

5.         Approval letter from the Immigration department for the student pass and temporary employment pass holders to register their marriage in Malaysia.

6.         Approval letter to get marriage issued by the head of department for police / army personnel.

7.         ORIGINAL and photocopy of the following documents with translation by a qualified translator into Malay Language or English if not originally in either language must be submitted, i.e:

7.1.      Birth Certificate for non-citizen.

7.2.      Decree nisi absolute (divorce certificate), if applicable.

7.3.      Death certificate of previous spouse, if applicable.

7.4.      Letter verifying marital status of a non-citizen applicant is to be:

7.4.1.   certified by either the Malaysian representative in the applicant’s home country or the applicant's consulate in Malaysia, and

7.4.2.   re-certified by the Ministry of Foreign Affairs (Wisma Putra) in Putrajaya, Kuching or Kota Kinabalu.

7.4.3.   If the letter does not have a validity date, it will be deemed valid for 6 months from the date of issue.

7.5.      Approval letter for a Myanmar citizen to marry in Malaysia from their government.

7.6.      Confirmation letter that the applicant is not a Muslim from their government (i.e. Iran, Iraq, Egypt, Algeria, Pakistan, Bangladesh or other Muslim countries or from any other country if required).

8.         Application for an authorisation letter for registration of marriage to a non-citizen at the NRD office in a different state shall be submitted at Marriage and Divorce Division’s counter, NRD Headquarters, Putrajaya or via post shall submit: 8.1.      A cover letter stating the purpose, applicable via post.

8.2.      ORIGINAL letter verifying marital status of a non-citizen applicant which had been:

8.2.1.   certified by either the Malaysian representative in the applicant’s home country or the applicant's consulate in Malaysia, and

8.2.2.   re-certified by the Ministry of Foreign Affairs (Wisma Putra) in Putrajaya, Kuching or Kota Kinabalu.

8.3.      Approval letter from the Immigration Department of Malaysia for the student pass and temporary employment pass holders to register their marriage in Malaysia.

8.4.      Photocopy of:

8.4.1.   MyKad.

8.4.2.   Passport’s pages with personal details, the latest arrival date in Malaysia and a valid visa or pass for non-citizen.

8.4.3.   Birth Certificate for non citizen.

8.4.4.   Decree nisi absolute (divorce certificate), if applicable.

8.4.5.   Death certificate of previous spouse, if applicable.

8.5.      Approval letter for Myanmar citizen to marry in Malaysia from their government.

8.6.      Confirmation letter that the applicant is not a Muslim from the respective government (i.e. Iran, Iraq, Egypt, Algeria, Pakistan, Bangladesh or other Muslim countries or from any other country if required).

8.7.      All the above documents must be translated into Malay Language or English by a qualified translator.

8.8.      ORIGINAL documents must be produced when submitting the marriage application to the respective NRD office.

9.         All documents, if applicable, must be translated into Malay Language or English by a qualified translator and submitted with the application.

10.       Applicants who do not understand Malay Language will need to have the declaration in part D1 or D2 of the form JPN.KC02 translated by a qualified interpreter into the language that they understand.

Staying Married For Life

Today, as my mother often said about her marriage to my father, “We’re not out of the woods yet, but we’re on our way, and most importantly we’re still together.”

I kissed my husband John goodbye, waved as I backed down the driveway and drove off for a weekend public speaking engagement. His last words rolled across my mind.

“Be safe and have fun. I realize when you come home you’ll be a new person. I’m looking forward to the changes I’ll see.”

We had talked the night before about not taking each other for granted – in other words, assuming we knew all there was to know about one another – and about the importance of supporting each other as individuals with ideas, dreams and goals of our own.

Yes, we are a married couple but we are also individuals – a man and a woman who have talents and gifts of our own. Changes and challenges were inevitable and we wanted to accept rather than resist them. We committed to working on our relationship so we would not grow complacent.

I can say today, as my mother often said about her marriage to my father, “We’re not out of the woods yet, but we’re on our way, and most important, we’re still together.” She and my dad had walked side by side and climbed over a few boulders, as well, for more than 60 years.

The following suggestions for staying married for life (and happily so) are based on observations, conversations and trial and error in my marriage. They work – thanks to my parents’ example, the advice of people I admire and the counsel of an older married couple, Robert and Grace, who befriended my husband and me many years ago.

Perhaps they will work for you too; practice it and then experience the rewards and results in your marriage.

Be Available

Being “there” for your spouse is what being married is really about. It takes time to get to know another person. If you’re not available, it can’t happen. Our friends Tom and Jenny go out for dinner every Friday night and they have done so for more than 30 years. When their children were young, they had their parents over to watch the kids. Nothing but a serious illness keeps them from this weekly date where they focus on one another in a relaxed setting.

Peter awakens his wife Christine each morning with a cup of her favorite tea. The two then sit in bed together and talk over their plans for the day.

Carol and Alan work together in real estate—a business with unpredictable hours and lots of driving. One works in the field, the other in the office. “Believe it or not we rarely see each other during the day so we’ve made a point of having lunch together,” said Carol. “Nothing gets in the way of that one hour when we can talk, plan, laugh and debrief.”

And Mary and David bought a karaoke machine when they spend their time together each night before going to bed. “The couple that sings together stays together,” Mary joked.

For where your treasure is, there your heart will be also.

Be Attentive

Have you ever walked up to someone at an event, and as you begin talking, he or she nods and makes polite sounds, but is clearly elsewhere in spirit? He scans the crowd while he’s standing with you. Or she peeks around your shoulder as if to say, “I wonder who else is here.” It’s chilling to be on the receiving end of such treatment. It’s bad enough when it occurs at a social or business gathering, but it can be devastating in a marriage.

To be attentive, one must pay attention! Look your spouse in the eye. Listen for your mate’s heart, not just for his or her words. This is an area of challenge for almost everyone. We lead such busy lives that many of us have made a habit of doing more than one thing at the same time. We make phone calls while driving, cook with one hand and scribble a list with the other, cut a child’s hair as we help our mate with the monthly finances.

Later we wonder where the years went and why we don’t feel as connected to our husband or wife as we hoped we would. We long for another hug. We wish we could laugh and play more. We notice a growing distance between us. If this is true for you, take heart. It’s not too late. Regardless of how long you’ve been married, you can learn from those mistakes. Each of us can choose today to start paying attention to the person we promised to love and cherish for a lifetime.

Be Aware

A friend of mine had a successful restaurant business for 20 years. He credited it to his weekly round-table meetings with his employees. “He knew his people would not be effective if they were carrying around emotional baggage,” said his wife, Anne. Each Monday morning Frank invited them to share anything that might interfere with them doing their job. “At the end of the meeting you could feel the change in the air,” she said. “Employees felt closer to one another because they knew they weren’t alone. Other people cared.”

This custom inspired me. I started practicing it with my husband. Instead of assuming I know what’s going on with him when I suspect something is upsetting him, I’d ask if he’d like to talk and if so, I try to listen and empathize rather than rush in with a pat answer.

Be Appreciative

“Thank you.”

Two words spouses don’t hear often enough – from one another:

“Thank you for being my love.”

“Thank you for working so hard for our family.”

“Thank you for supporting me.”

“Thank you for being you.”

Gratitude is not an option. Give thanks in all circumstances.

The more we express our appreciation toward our mates, the freer we become of negative thoughts and emotions toward one another. Resentment and judgment cannot exist in the same space with appreciation.

“Gratitude is the rosemary of the heart,” wrote 19th century writer Minna Antrim.

How little it would take to sprinkle rosemary into the lives of our spouses. A simple ‘thank you’ every single day would do it!

As we become available, attentive, aware, and appreciative toward our marriage partners, we are building a relationship that will last a lifetime – and happily so.