What is a Mutual Divorce?
A mutual divorce also known as a joint petition divorce is where both parties agree to end their marriage amicably and jointly file the petition in court. This means the husband and wife agree on all key matters, including:
- Custody, care and control of the children
- Child maintenance (if any)
- Spousal maintenance (if any)
- Division of matrimonial assets
Since both parties agree and there are no disputes for the court to decides which makes the process much smoother and quicker.
Steps in the Mutual Divorce Process
1. Consultation with a Divorce Lawyer
Your divorce lawyer will advise you on the legal requirements and help you draft the terms of your divorce agreement.
2. Drafting the Joint Petition
Both parties review joint petition prepared by the divorce lawyer, which sets out the agreed terms.
3. Signing of Petition and Court Documents
You and your spouse together with the divorce lawyer will sign the petition and the court documents.
4. Filing the Petition in Court
The divorce lawyer will file the signed petition and documents to the High Court with the necessary supporting documents.
5. Court Hearing
Both husband and wife must attend a short hearing before the judge together with the divorce lawyer. If the judge is satisfied that both parties agree to the terms of the divorce, a Decree Nisi will be granted.
6. Issuance Decree Absolute (Certificate of Divorce)
Once the Decree Nisi Absolute is issued then the marriage is officially dissolved and you are free to remarry.
How Long Does a Mutual Divorce Take in Malaysia?
On average, a mutual divorce takes about 3 to 4 months, depending on the court’s schedule and how quickly the documents are prepared. It is significantly faster than a contested divorce, which can take years to conclude.
Advantages of a Mutual Divorce
- Faster and cheaper than a contested divorce
- Less emotional stress for both parties and children
- Privacy – matters are settled amicably without lengthy court battles
- Full control over decisions instead of leaving it to the court
Difference between a Mutual Divorce (Joint Petition) and Contested Divorce (Single Petition)
Documents Required for a Mutual Divorce
- Marriage Certificate
- Children’s Birth Certificate / MyKid (if any)
- Details of properties and assets (if any)
How a Divorce Lawyer can Help
Even though both parties agree to the divorce, engaging an experienced divorce lawyer in Malaysia is essential to ensure:
- The petition complies with court procedures
- All agreements are properly recorded
- Your rights and interests are protected
A divorce lawyer can also help expedite the process and handle all court filings on your behalf.
A mutual divorce in Malaysia is the most practical option for couples who have decided to part ways amicably. By engaging a qualified divorce lawyer, you can ensure a smooth, efficient, and stress-free process that respects both parties’ interests and avoids unnecessary conflict.
To schedule a free consultation with our divorce lawyers, call or Whats App us at 014-950 8667.
Our Office Address
Veeran & Tan, Level 3, Menara Axis, 2, Jalan 51a/223, Seksyen 51a, 46100 Petaling Jaya, Selangor.
Email Us
veerantanlegal@gmail.com
Areas Our Divorce Lawyers Cover
Our divorce lawyers provide legal services across Kuala Lumpur, Selangor and the surrounding areas. We regularly handle divorce cases in:
- Kuala Lumpur
- Petaling Jaya
- Shah Alam
- Klang
- Subang Jaya
- Puchong
- Damansara
- Cheras
- Seri Kembangan
- Cyberjaya
- Putrajaya
Whether you are based in Kuala Lumpur or Petaling Jaya, our divorce lawyers are ready to assist you with all aspects of family and divorce matters including child custody, child maintenance, spousal maintenance and division of matrimonial properties and assets.
Frequently Asked Questions on Mutual Divorce
1. Do I need to attend Court for the Hearing?
Yes, for mutual divorce, you and your spouse will need to attend a short Hearing before the Judge for only one time.
2. Do I need to bring my children to Court during the Hearing?
No, you do not need to bring the children to Court and it is not advisable to bring the children.
3. Do I need to tell the reasons of the breakdown of my marriage?
No, for mutual divorce, you do not need to specify or tell the reasons of the breakdown of your marriage. The Judge will only need to know the terms of the divorce and that both parties agree to it.
4. Do you charge for consultation?
No, in Veeran & Tan, we provide free consultation and during the consultation our divorce lawyers will advice you on your rights, outline the timeline, costs and documents needed so you can make an informed decision.
5. How do I proceed with the mutual divorce?
You can contact us at 014 9508667 or email us at veerantanlegal@gmail.com
6. Will there be any hidden or extra charges on top of the quoted fees?
No, in Veeran & Tan we offer fixed and affordable legal fees with no hidden charges. We strongly believe that transparency in legal fees ensures that clients understands exactly what they are paying for, how much they are paying for and why they are paying it.
Our Articles on Divorce
- How to apply for a divorce in Malaysia?
- Do You Need a Divorce Lawyer in Malaysia?
- Registering an Overseas Divorce Order
- Why do I need a lawyer to get a divorce?
- Child Custody
- Child Maintenance in Malaysia
- Alimony in Malaysia
- Division of Matrimonial Assets in Malaysia