Court Decided Separation
If you moving towards a court decided separation, you have already exhausted all of your alternatives to a mutual separation for both parties.
At this stage, the court process begins, where you and your partner are represented by your lawyers. They will bring your case to court. A judge will decide on your separation, assets, family arrangements and any other special conditions that they feel necessary.
Depending on the complexity of your case, the court process can take from months to years to complete. As a result, your legal fees will also rise accordingly.
In the court process, you may need to
1 Answer the request for divorce
If your partner is divorcing you for a certain reason, your lawyer will help you to respond to this.
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It is then given to the court as part of the process.
4 Appear in court to give you answers
1 to 2 months after all the documents have been submitted, you will be called as a witness to court. Your partner's lawyer may ask you questions.
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You must answer honestly and truthfully as you are questioned in front of the court.
2 Reply to an answer given previously
If you are divorcing from your partner, and they have gone through the previous step, you still have one opportunity to reply to their answer.
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Again, this is done with the help of your lawyer and given to the court.
5 Give extra evidence after the court date
Your case may go on over multiple days if it is complex. Whenever it is over entirely, your lawyer has the chance to give extra evidence that may support a decision by the judge.
3 Prepare yourself for court appearance
Based on your case answers and reasons given to the court, your lawyer will prepare you to appear in court.
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They will help you with your appearance, how to speak, how to give the right answers; all that are designed to support your case.
6 The separation is finalized
The high court will take a decision on your separation agreement based on evidence given by you and your partner's lawyers.
Once you update these at Jabatan Pendaftaran Negara (JPN), your separation is official.
Some examples of typical questions
Your reasoning for separation.
How the proof given to the court supports your desire to separate (or not).
You plans to pay for any payment to your partner post separation.
Whether you are suitable to take custody of your children.
Your initial reasoning for marrying your partner.
How you plan to pay for child support or custody​.
What property, cash or other assets and debt that you want to split.
Your experience during the mandatory counselling sessions.
Your relationship with your partner prior to your marital challenges.
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Questions can range from very broad queries about your intentions, down to very detailed questions about your daily activities. Be truthful and open in your answers.
It is almost impossible to fully prepare for all the questions that your partner's lawyer may ask you.
More importantly is to prepare how you answer; your language, logic and reasoning.
The court decision is complex
As a rule of thumb, the court follows a general hierarchy in their decision making.
They can also choose that it is wrong to grant the divorce and dismiss the case.
Children
The needs of you and your partner's children take priority, revolving around who can best enable this.
Assets and liabilities
Based on the above, the court will split your assets and liabilities between you and your partner.
Current situation
How you both live currently. Your spending habits, earnings, disabilities and overall lifestyle.
Age and marriage duration
The court decision is impacted by how long you were together.
Future situation
The potential for you or your partner to continue your separate lives in a similar way to currently.
Conduct
Based on evidence given surrounding conduct, the judge will take this into consideration.
I lost. Can I appeal?
If you are not satisfied with the decision of the court, you can talk to your lawyer about the appeal process. It must be filed 30 days from when the divorce order was issued.
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The court may not necessarily accept to take your appeal, or if they do, may not overturn the prior decision. In that case, there will be no change to the original outcome.
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Just be aware, the longer your case goes on for, the more it will cost you. Asking for an appeal may not necessarily be successful.
