Myth Buster

Scenario

Anne and Liam have grown apart in recent years and decided it is best for them to file for divorce. Since both Anne and Liam have mutually agreed to be legally separate, they expect the divorce to be settled without having to go to Court. Is it true that Anne and Liam can have a divorce without referring to the Court? For example, by signing a mutual agreement to declare the end of their marriage?

Mythbusted.

In Malaysia, married couples cannot get a divorce without referring to the Court. According to the Law Reform (Marriage and Divorce) Act 1976 there are two types of divorce, being a contested and a mutual consent divorce.

A contested divorce is where only one party files for divorce without the agreement of the other party. The filing party must first obtain a Certificate from the Marriage Tribunal or Conciliatory Body prior to the filing of a petition for divorce.

A divorce by mutual consent can be filed by both parties by way of a joint divorce petition in Court and the Certificate as required for contested divorce is not needed here. The terms relating to custody of children, access to children, maintenance and division of the matrimonial property must be mutually agreed upon between the parties.

Parties are required to appear before the Court on the Hearing day itself.

So, how much did you know about this Legal Myth?

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