Difference between Single Petition and Joint Petition

ALL YOU NEED TO KNOW ABOUT DIVORCE

In my previous article, I have mentioned on the increasing number of divorce cases due to the
implementation of “Stay at Home Order” whereby parties intending to divorce may file for a
divorce via a single petition or a joint petition.

Click Here to read my previous article: Procedure on Joint Petition

As I have addressed on the common FAQs about a joint petition in my previous article, I will
now address on the common FAQs about a single petition and the differences between a
single petition and a joint petition.

What is a Single Petition?

In the event where both parties could not come into a consensus on the divorce, either party
may file a single petition without consent of the other party. However, the filing party must
first prove that the marriage has irretrievably broken down on the grounds provided under
Section 54 of the Law Reform (Marriage & Divorce) Act 1976.

Divorce by way of a single petition provided under Section 53 of the Law Reform (Marriage &
Divorce) Act 1976 is contested because both parties are not able to reach a consensus on the
divorce. Hence, a hearing will be fixed by the court to consider the petition and deliberate on
matters relating to custodianship of children, child maintenance, spousal alimony and division
of matrimonial property (if any).

Who is applicable?

Divorce by way of a single petition under the Law Reform (Marriage & Divorce) Act 1976 is
only applicable to non-Muslims in Malaysia.

Is counselling session necessary for a Single Petition?

In a single petition, parties are obligated to attend marriage counselling at the National
Registration Department as per Section 106 of the Law Reform (Marriage & Divorce) Act 1976.

If my spouse does not agree to a divorce, can I still file a divorce?

Yes. You can still file a divorce via single petition.

What is the advantage of Single Petition?

Both parties can individually request on the custodianship, matrimonial assets, guardianship
and etc. to be fully given to each of them.

What are the disadvantages of Single Petition?

1. The final decision is made by the court
2. Time-consuming
3. Costly

What are the requirements to file a Petition?

1. Married for at least two (2) years, except for exceptional or hardship cases
2. Marriage must have been registered or deemed to be registered under the LRA
3. Parties must be domiciled in Malaysia

What are the grounds to initiate a Single Petition?

1. Your spouse has committed adultery
2. Your spouse has behaved in such a way that you could not reasonably be expected to
live with your spouse
3. Your spouse has deserted you for a continuous period of at least two (2) years
4. Both parties have lived apart for a continuous period of at least two (2) years

Do I have to prove all the grounds to initiate a Single Petition?

No. To file a single petition, you must firstly prove that the marriage has irretrievably broken
down by showing one of the grounds.

What are the documents required to file a Single Petition?

  1. Marriage Certificate
  2. Identification Card
  3. Child’s Birth Certificate (if any)
  4. Sale and Purchase Agreement of Matrimonial Assets (if any)
  5. Certificate from Marriage Tribunal or Conciliatory Body in the National Registration
    Department
  6. Evidences supporting the breakdown of marriage

What are the terms to include in the Single Petition?

In a single petition, the court will have to decide on the arrangement for the child and a proper
provision is made for the wife/husband (where applicable) when granting an order for divorce.

  1. The spousal maintenance (if any)
  2. The custody of the children (if any)
  3. The maintenance for the children (if any)
  4. The matrimonial assets (if any)

THE DIFFERENCE BETWEEN A SINGLE PETITION AND A JOINT
PETITION

  1. Counselling sessions with the National Registration Department

    Single Petition:
    Both parties are obligated to attend the marriage counselling sessions for 3 sessions in 6
    months. However, if the counselling sessions fail, the Tribunal of Reconciliation of Marriage
    will formally issue a certificate for the parties to proceed with the filing of single petition.
    Joint Petition:
    Both parties are not obligated to attend counselling sessions.

  2. The approximate time on the completion of whole process

    Single Petition:
    Takes at least nine (9) months to a year, depending on the complexity of the matter.
    Joint Petition:
    Takes around six (6) months.

  3. The cost

    Single Petition:
    Higher cost, depending on the complexity of the matter.
    Joint Petition:
    Lower cost

  4. The final decision on the terms of the petition

    Single Petition:
    The arrangement is decided by the court.
    Joint Petition:
    The arrangement is upon consensus by both parties.

  5. The grounds to initiate a petition

    Single Petition:
    The party who file the petition is required to prove one of the following grounds:

    • Your spouse has committed adultery
    • Your spouse has behaved in such a way that you could not reasonably be expected to
      live with your spouse
    • Your spouse has deserted you for a continuous period of at least two (2) years
    • Both parties have lived apart for a continuous period of at least two (2) years

    Joint Petition:
    Both parties are not required to prove the above grounds as both parties need only affirm
    that there is a breakdown of marriage.

  6. Filing of cause papers

    Single Petition:
    The complexity of the cause papers to file is higher.
    Joint Petition:
    The complexity of the cause papers to file is lesser.

  7. To initiate a divorce

    Single Petition:
    If your spouse does not agree to a divorce, you can still file a single petition without your
    spouse’s consent.
    Joint Petition:
    Both parties must agree to the divorce

  8. The terms of the petition

    Single Petition:
    Both parties can individually request on the custodianship, matrimonial assets, guardianship
    and etc. to be fully given to each of them however subject to the court’s decision based on
    the evidences provided.
    Joint Petition:
    Both parties must agree to the terms of the divorce.

CONCLUSION

Divorce Proceedings via Single Petition can be very complicated. Hence, it is always advisable
to consult a lawyer to have a better understanding of what options you have in resolving your
issues.

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