In Malaysia, the divorce process can be complicated for any couple. Any divorce requires formalities and the Malaysian Government Divorce Department plays a role in the divorce process.
This article will explain the role of the Malaysian Government Divorce Department in the divorce process, how to use it and the related fees.
The role of the Malaysian Government Divorce Department in the divorce process
According to relevant laws, the Malaysian government's divorce department, also known as the National Registration Department (JPN) plays an important role in divorce procedures in Malaysia.
Their roles are:
For single divorce applications, counseling and marriage mediation are conducted and if the marriage mediation is unsuccessful, a non-mediation certificate is issued.
Divorced Marriage Status Update
Prepare documents related to marriage and divorce
The parties can consider whether to agree to the terms of the divorce. If you, the client, are ready and both parties agree to the terms of the divorce and divorce, you can file for a joint divorce.
On the other hand, if both parties do not agree to divorce or do not agree on the terms of the divorce, one spouse must apply for a unilateral divorce. This also applies to foreign nationals who marry Malaysian citizens. The usual conditions are maintenance of husband and wife, custody of children and division of property.
For this type of unilateral divorce, the applicant must refer the marriage to the Malaysian Government Divorce Department for mediation and marriage counseling.
Whether to file a single divorce or a joint divorce depends on the circumstances and details of each spouse. The role of each JPN is further explained below.
Marriage reconciliation and issuance of a certificate of non-reconciliation
Under the Malaysian divorce law, the Law Reform (Marriage and Divorce) Act 1976 (LRA), the JPN plays a role in the Malaysian government's divorce proceedings, particularly for unilateral divorce.
As stated above, if both parties do not agree on the terms of the divorce, either spouse must file for a single divorce, and prior to the marriage must be referred to the JPN for marriage counseling. There is no online divorce application in our country.
However, if both spouses can prove one of the following reasons, they can apply for an exemption from marriage counseling:
The applicant has been abandoned and the whereabouts of the other spouse is unknown.
The other spouse lives abroad and is unlikely to return to our country within 6 months from the date of application
Other couples should go to JPN for marriage counseling but deliberately do not attend.
The other couple were sentenced to more than five years in prison.
The other spouse suffers from an incurable mental illness.
The court found that there were special circumstances that precluded marriage counseling.
If the situation does not meet any of the conditions above, any couple should refer the marriage to the Malaysian Government's Divorce Department, JPN, for mediation. The process is as follows:
Fill out the JPN divorce form, JPN.KC14. The divorce application form can be found on the JPN website.
Registration and Appointment Date for Marriage Counseling: As part of the government divorce application process, the JPN will schedule and set a date for marriage counseling.
Applicants attend marriage counseling in person and bring with them the following documents: identity card, marriage certificate and any relevant details relating to the child (e.g. child's birth certificate)
JPN usually arranges three marriage counseling sessions before deciding whether the marriage can be reconciled. This process can take 3-4 months, but usually takes no more than 6 months.
If after several sessions of marriage counseling, the NRD decides that the marriage cannot be reconciled, then it will issue a Conciliation Body Certificate/Conciliation Body Certificate (form JPN.KC29 if both parties attend marriage counseling; if only one party attends marriage counseling. , then form JPN KC.28)
The certificate will state that the marriage cannot be reconciled or the other party is absent or other reasons. With this certificate, the applicant can apply to the court for divorce and initiate a single divorce application
Divorced Marriage Status Update
The second role of the Divorce Department of the Malaysian Government is to update the status of the divorced marriage after the divorce proceedings have been completed.
After the applicant obtains a certificate of irreconcilability from the JPN (used for unilateral divorce applications) and applies for divorce to the High Court, the court will set a hearing date for both spouses to appear in court. Both spouses must attend a court hearing where the court will hear the spouses and their testimony. Their testimony will influence the court's decision.
Finally, the court will issue a court order, decree nisi. This decree has not yet dissolved the marriage. Three months after the decree nisi is issued, the couple can apply for a decree absolute (also called a 'certificate of divorce'). The content of the certificate will state that the marriage has been dissolved.
Then, if the couple wants to quickly update their marital status, they need to go to the Malaysian Government Divorce Department, JPN to update their divorced marital status.
After obtaining the divorce certificate and updating the divorced marriage status in JPN, the divorce process
If some of your marriage and divorce documents are lost, you can obtain copies of those documents from the Malaysian Government Divorce Department, JPN, for a fee.
Malaysian government divorce fee
As part of the Malaysian government's divorce fees, JPN will charge some fees to prepare marriage and divorce documents, but the fees are low.
On the other hand, the court will also charge some fees for filing court documents. These fees may or may not be included as part of attorney fees, depending on the individual law firm. You can ask your divorce attorney about these charges.
Conclusion
The Malaysian government divorce department JPN plays an important role in the Malaysian divorce process. By understanding their role and how to use the department, this can help any divorce process.
If you need any legal advice or legal opinion to handle your matter. , please contact us. Our law firm can guide and assist you.
Frequently Asked Questions
Where to get a divorce certificate?
You can only get a divorce certificate from the court. You must apply to the court for a divorce. After the court proceedings are over, the court will issue a divorce certificate
How to get JPN "divorce" form?
The JPN Malaysian Divorce Form can be found on the JPN website. This form is required for marriage counseling in JPN.
Where is the address of the Malaysian Government Divorce Department?
The Malaysian government's divorce department, JPN has several branches throughout Malaysia. You can find the branch and address closest to your home on the JPN website
