How do I file for a divorce? What are the steps to getting divorced in Malaysia?
Before you file the documents with the court, make a copy of all documents and keep them for your records.
All documents or exhibits must be marked and annexed to your divorce petition, statement or affidavit. An exhibit must be identified by a certificate of the Commissioner of Oaths
before whom the affidavit is sworn.
Bring all original documents to the court.
||What documents must I sent to the court?
- Completed divorce petition - one copy for court records, one for your records and one copy for each person to be served (your spouse as respondent and co-respondent in the case of adultery, if applicable);
- Statement and Affidavit in Support of Petition, where applicable - one copy for court records and one service copy for your spouse;
- An extract or certified copy of your marriage certificate from the Marriage and Divorce Division of the National Registration Department of Malaysia. Not a photocopy;
- Marriage Tribunal Declaration Certificate on Form JPN.KC29 - not applicable to joint petition;
- A copy of your identity card certified by the National Registration Department of Malaysia;
- A copy of your spouse identity card certified by the National Registration Department of Malaysia - applicable to joint petition;
- As many copies of your child's birth certificate or identity card certified by the National Registration Department of Malaysia, as there are persons to be served - if applicable;
- Any other documents which you want to rely if making application for maintenance or settlement or transfer of property; Prepare as many copies of the documents as there are persons to be served.
- Appropriate court fee.
You have to pay a court fee when you submit your divorce petition personally to the court. Such fee will be collected by the court by means of stamps on praecipe
||Both the affidavit and exhibits will be sworn or affirmed at the same time.
Filing fees are subject to change. Please check with the court staff for latest and complete list of filing fees.
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