What is the information required by Form 3 of the Divorce and Matrimonial Proceedings Rules 1980 (Joint Petition) (Part II)?

Form 3
Joint Petition

  1. The petitioners have separated since [date of separation] and have mutually agreed that their marriage should be dissolved and they freely consent hereto.

  2. There is [are] [no (or state number) child[ren] of the family now living] namely [state the full names (including surname) of each child and his date of birth or, if it be the case, that he is over 18 and in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation].

    This paragraph asks for details of children of family. 'Children of family' includes:
    • Children born to or adopted by both parties to the marriage;
    • Children of one party to the marriage, including adopted and illegitimate children, accepted as one of the family by the other party.

    [If applicable] Certified copy[ies] of the birth certificate[s] is [are] exhibited hereto and marked [e.g. 'B' and 'C'].

  3. The following provisions have been made for the petitioner (the wife):

  4. [Where appropriate] The following provisions have been made for the support, care and the custody of the children:

  5. [where applicable] A Statement as to Arrangements for Children in respect of those children of family who are either aged under 16, or aged under 18 and at school, college, or in training for a trade, profession or vocation is also attached herewith. [or No Statement as to Arrangements for Children is attached, because there are no children of the family, or no children of the family are either aged under 16 or aged under 18 and at school, college, or in training for a trade, profession or vocation.]

  6. There have been no previous proceedings in any court in Malaysia or elsewhere with reference to the marriage [or to any children of the family] [or between the petitioner with reference to any property of either or both of them] [except (state the nature of the proceedings, the date and effect of any decree or order and, in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order)].

  7. There are no proceedings continuing in any country outside Malaysia which are in respect of the marriage or are capable of affecting its validity or subsistence [except (give particulars of the proceedings, including the court in or tribunal or authority before which they were begun, the date when they were begun, the names of the parties, the date or expected date of any trial in the proceedings and such other facts as may be relevant to the question whether the proceedings on the petition should be stayed.)]

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Knowledge Base ID :   1504
Last Reviewed :   March 31, 2014
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