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What are the requirements and good grounds for divorce? What is a contested divorce?

Contested Divorce


Where both parties are unable to come to an agreement over the divorce, either party to a marriage may apply for a divorce by way of single petition. The divorce proceedings take longer to conclude.

The requirements under section Uncontested Divorce (b) and (c) are also applicable in the case of a single petition.

In addition, you must have referred your matrimonial problems to a Conciliatory Body or Marriage Tribunal of the National Registration Department of Malaysia 1 in the area you reside.

If both parties live in different districts, then the application for a Marriage Tribunal must be made at the office of the National Registration Department of Malaysia nearest to the place of residence where both of you last stayed together.


Application for a Marriage Tribunal can be made by submitting a completed Form JPN.KC14 together with your original marriage certificate, passport or MyKad, supporting documents, if any, and an application fee of RM2.00 at the counter of the Marriage and Divorce Division of the National Registration Department of Malaysia.

The Marriage Tribunal will call both parties for meetings and try to resolve your matrimonial difficulties within six (6) months. You and your spouse will be required to attend and each of you will be given the opportunity of being heard.

The Marriage Tribunal may hear a member of your family or your spouse's family, if it thinks fit and may adjourn its proceedings from time to time.

References
  1. Marriage and Divorce Division of the National Registration Department of Malaysia (Malay: Bahagian Perkahwinan dan Perceraian, Jabatan Pendaftaran Negara Malaysia)

  2. Law Reform (Marriage and Divorce) Act 1976 [Act 164] & Rules


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Knowledge Base ID :   1527
Last Reviewed :   March 28, 2014
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