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

A joint petition (Malay: Petisyen Bersama) must contain the information required by Form 3 of the Divorce and Matrimonial Proceedings Rules 1980 (Joint Petition) (Malay: Borang 3 Kaedah-Kaedah Prosiding Perceraian dan Hal-Ehwal Suami-Isteri 1980 (Petisyen Bersama)) as near as may be in the order as set out and any further information required as may be applicable.

Form 3
Joint Petition


MALAYSIA IN THE [HIGH COURT IN SABAH AND SARAWAK][OR HIGH COURT IN MALAYA] AT [STATE COUNTY OF COURT]
DIVORCE PETITION NO. .......... of 20..

For High Court in Kuala Lumpur, you need to state the division of the court. Insert (FAMILY COURT, CIVIL DIVISION) one line below the county of court.

Leave the Divorce Petition Number blank. When you and your spouse file the joint petition, a case number will be assigned, which must be marked on all subsequently filed documents.
IN THE MATTER of Section 52 of the Law Reform
(Marriage and Divorce) Act 1976 (Act 164); and

IN THE MATTER of a Joint Petition for dissolution
of marriage of [NAME OF 1ST PETITIONER] (NRIC
NO.: XXXX-XX-XXXX) and [NAME OF 2ND PETITIONER]
(NRIC NO.: XXXX-XX-XXXX)
BETWEEN
[NAME OF 1ST PETITIONER]
(NRIC NO.: XXXX-XX-XXXX)
AND
[NAME OF 2ND PETITIONER]
(NRIC NO.: XXXX-XX-XXXX)
...JOINT PETITIONERS
JOINT PETITION
THE JOINT PETITION OF [1ST PETITIONER'S NAME] (NRIC NO. XXXX-XX-XXXX) AND [2ND PETITIONER'S NAME] (NRIC NO. XXXX-XX-XXXX) SHOWS THAT:
  1. On the ..... day of ........ 20... the petitioners were lawfully married to on another at [state address whereby the marriage was registered].

    The place the marriage was registered must be exactly as it appears on your marriage certificate.


    This is evident by an extract of the Marriage Certificate numbered [certificate number], exhibited hereto and marked [e.g. 'A'].


  2. The petitioners have cohabited as husband and wife at [state the last address at which they have cohabited in Malaysia].

  3. Both the petitioners are domiciled in Malaysia. [or Both the petitioners are ordinarily resident in Malaysia.]

    Paragraphs 2 and 3 contain the particulars of the facts giving the court jurisdiction to deal with the divorce. Jurisdiction depends on your and/or your spouse having a specific connection to Malaysia.

    If none of the connections described in these paragraphs matches your situation, the court does not have the jurisdiction to deal with your application.

    You should consider getting legal advice particularly in international cases.


If you are looking for a contested divorce petition, click here for Form 2 of the Divorce and Matrimonial Proceedings Rules 1980 (General Form of Petition) (Malay: Borang 2 Kaedah-Kaedah Prosiding Perceraian dan Hal-Ehwal Suami-Isteri 1980 (Borang Petisyen Am))

If you are uncertain about which form to use, please read the article: How do I apply for a divorce?


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Knowledge Base ID :   1503
Last Reviewed :   March 31, 2014
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