A divorce certificate Malaysia is required for couples who want to end their marriage. The Malaysian Divorce Certificate is a certificate issued by the court after the divorce formalities are completed.
This article will introduce what a divorce certificate is, how to obtain and the charges, and what to do if the divorce certificate is lost according to divorce laws.
What is a divorce certificate in Malaysia?
Regarding the question of "what is a divorce certificate?", a Malaysia divorce certificate is an order issued by the High Court of Malaysia in accordance with the relevant section of the divorce law, Law Reform (Marriage and Divorce) Act 1976 (LRA). The law only applies to non-Muslims.
This also proves that the divorce application process has been completed. The format of the certificate is the same and contains the following content and details:
The name of the court where the couple applied for divorce and issued the divorce certificate
Spouse’s name and ID/passport number
Date of dissolution of marriage.
Where can I get a divorce certificate in Malaysia?
Before this certificate can be obtained, the couple must apply to the High Court for divorce. This procedure also applies to foreign citizens married to Malaysian citizens. After 2 years of marriage and if both parties agree to the divorce and its terms, they can file for divorce jointly. The prerequisite for this procedure is that both parties agree on the conditions for divorce.
If the parties do not agree on the conditions for divorce, either spouse can apply for divorce unilaterally. These terms include alimony, child custody, and property distribution. This is a more complex divorce proceeding.
For such procedures and in general, spouses must go to the National Registration Office (NRD), known as Jabatan Pendaftaran Negara marriage tribunal beforehand for marriage reconciliation to reconcile their marriage difficulties.
JPN Malaysia’s headquarters are located in Putrajaya. In addition, the applicant must meet another requirement, which is to prove one of the reasons why the marriage irretrievably broke down.
The type of divorce you file for depends on each spouse’s case and circumstances.
For both types of divorce, both spouses must apply to the High Court for divorce. There is no online application for divorce in our country. After both spouses apply to the court, the court will set a date for the hearing to hear the spouses’ wishes and review the spouses’ evidence in accordance with the law.
After the judge sitting in the court hears evidence from the petitioners, including the divorce petition, the court will approve and issue the decree nisi. This is a temporary court divorce order and the marriage has not yet been dissolved.
After 3 months from the issuance of decree nisi, the spouse can apply for a decree absolute (also known in Bahasa Malaysia as ‘dekri nisi mutlak’, that is a ‘Malaysian divorce certificate’). With that, the decree nisi is made absolute.
This divorce certificate officially ends the marriage. Once the certificate is issued, it means that the divorce proceedings and divorce formalities are over and both spouses will usually receive the certificate.
Regarding the question "What should I do if the divorce certificate is missing?", if your Malaysian divorce certificate is missing, you can hire a Malaysian lawyer to obtain another copy of the divorce certificate from the court.
Update divorce and marital status in JPN
Regarding the question "How soon can you remarry after a divorce in Malaysia?", if the spouse wants to, he can remarry immediately after getting the divorce certificate.
However, it can often take several months for marital status to be updated because the members of the divorce division of the court may take some time. Therefore, if you want to remarry after getting the divorce certificate, then you need to update your divorced marital status with the National Registration Department (JPN), also known as the 'Divorce Department of the Malaysian Government'. This is sometimes called the ‘JPN divorce procedure’.
The documents and information required for this process are:
Certified copy of Malaysian divorce certificate
Copy of ID card or passport
Copy of marriage certificate
The divorce registry of JPN will then issue a letter confirming that the divorced marriage status has been updated. JPN charges a fee for this process as part of the Malaysian government’s divorce procedure fees
You can provide the required records and payments over the counter to the officials to update the divorce status during working hours.
Other JPN roles in marriage and divorce proceedings
In addition to updating 'divorced marriage status', JPN also plays other roles in our country. These purposes include:
Check a person's marital status and confirm personal marital status
Marriage record authority: Issue a duplicate marriage registration (for replacement of Malaysian marriage certificates if they lose the original malaysia marriage certificate). JPN did not issue any sample Malaysian marriage certificate.
Marriage registration authority: To register new monogamous marriages in Malaysia for civil marriages. It can be done by the Registrar or Assistant Registrar who usually conducts the marriage ceremony with marriage declaration in places such as temples and churches according to the party’s clan, custom, and religion
How long does it take to get a divorce certificate in Malaysia?
The time it takes to obtain a divorce certificate depends on whether you are filing for a joint divorce or separate divorces. If applying jointly, it usually takes 3 to 6 months, and if applying unilaterally, it may take 9 months to 1 year or more.
Hiring a lawyer to obtain a divorce certificate
It is recommended to hire a lawyer to help you obtain a divorce certificate in our country. They are familiar with divorce laws and can help you with your divorce case such as property distribution in divorce proceeding in Malaysia and can also help you to get single status certificate in Malaysia.
In addition, a law firm can help you prepare court documents and represent you in court throughout the divorce process and provide other legal services.
As for what type of attorney to look for, you can look for one that has a good reputation among clients and has good reviews. This will show that he can help you get through the divorce process smoothly.
Attorney fees depend on the details and details of your case. Typically the longer your case takes, the more expensive it will be.
Conclusion
For anyone who wants to end their marriage, it is important to understand what a Malaysian divorce certificate is and how to obtain one.
If you require any assistance or discussion in obtaining a divorce certificate or legal advice in our country, please contact our divorce lawyer for appointment. Our law firm will guide and help you resolve your matter.
Frequently asked questions
Where to get divorce certificate?
You can only obtain a Malaysian divorce certificate from the High Court. When you apply to the High Court for divorce and the court is satisfied with your application, a divorce certificate is issued.
How long does it take to get married again after a divorce in Malaysia?
Anyone can remarry after obtaining a divorce certificate in my country. However, it may take several months for your divorced marital status to be updated. We can help you speed up the process
What should I do if my Malaysian divorce certificate is missing?
You can obtain a copy of your Malaysian divorce certificate from the High Court. We offer this service and you can contact us if you need help with this.
How to obtain a sample Malaysian divorce certificate?
There is no institution in our country that issues a sample Malaysian marriage certificate. This certificate is a High Court order dissolving the marriage and can only be obtained from the court.
