If you’ve received a single petition for divorce from your spouse, don’t panic. Here’s a step-by-step guide to help you understand your position and legal rights:
1. Read the Petition Carefully
- Go through the petition to understand:
- The grounds for divorce (why your spouse is seeking divorce).
- Any requests or claims, such as child custody, spousal maintenance, or division of property.
- Note the deadlines for responding. Missing deadlines can affect your case.
2. Seek Legal Advice
- Speak to a family lawyer as soon as possible.
- We will explain your legal rights, responsibilities, and the best course of action based on your situation.
3. Decide How to Respond
- In Malaysia, you must file a formal response in court. This is called an Answer to the Petition.
- You have two main options:
- Agree: Accept the divorce and terms your spouse is asking for.
- Disagree: Contest the petition (e.g., dispute the grounds, or challenge claims over custody, property, or maintenance).
4. Gather Evidence
- If you plan to contest the divorce or claims, collect relevant documents such as:
- Marriage certificate.
- Financial records (e.g., payslips, bank statements).
- Property ownership documents.
- This evidence will help support your position in court.
5. Attend the Preliminary Court Hearing
- Once you’ve filed your response, the court will schedule a Preliminary Hearing.
- The purpose is to:
- See if both parties can agree on terms (e.g., custody, asset division).
- Decide if mediation is needed or if the case should proceed to trial.
6. Mediation (If Necessary)
- Mediation is encouraged in Malaysia as a way to settle disputes (like child custody or property division) without going to trial.
- It’s faster, less stressful, and can save legal costs.
7. Trial (If No Agreement)
- If mediation doesn’t work, the case will go to trial.
- Both sides present their evidence and witnesses.
- The judge will decide on all contested matters, such as custody, maintenance, and division of assets.
8. Final Divorce Order
- If the court approves the divorce, it will issue a Decree Nisi (temporary divorce order).
- After three months (or less if waived by the court), the Decree Nisi becomes a Decree Absolute, officially ending the marriage.
- Act promptly: Pay attention to deadlines for responding to the petition.
- Get legal advice: A lawyer can protect your rights and guide you through the process.
- Be prepared: Gather evidence and understand your position before court hearings.
US 12010 
GB 9213 
CA 8372 
AU 7763 
VN 6537 
IE 5534 
NZ 1884 
BR 1881 
