Mediated Separation
Mediated separation is similar to self service separation. However, the addition of a certified mediator for you and your partner makes the process more independent.
They help you agree on what is fair in your separation agreement. The mediator provides independent and impartial support for you both at the same time. You all work together to come to mutual grounds on your individual futures.
You can use our Questionnaire to fill out and send to your mediator, so they understand your unique situation before meeting you.
Together with a mediator you can move forwards
1 Write a separation agreement together
Use our Questionnaire to help you in the process.
​
Your separation agreement should cover everything you can think of. Your bank accounts, car, properties, family, pets, just to name a few.
​
4 Fill out your court documents
1. Joint Petition for Divorce.
2. Joint Affidavit confirming the above document is true.
3. Joint Petition Arrangements for Children.
4. Cover Certificate for supporting personal documents.
7 The separation is finalized
3 months later, a divorce certificate will be issued.
Once you update these at Jabatan Pendaftaran Negara (JPN), your separation is official.
2 Ask a mediator to support you
Your mediator will form an opinion on whether your separation agreement is fair for both parties.
​
Where it isn't, they will talk to you both about how to make it more balanced.
​
5 Submit the court documents
Sign your documents in front of a Commissioner of Oaths. The Commissioner must also sign the Cover Certificate verifying your supporting personal documents.
Submit, then your case is ready to be called.
3 Gather your personal documents
1. IC Card
2. Marriage certificate.
3. Children birth certificates.
4. Property sale & purchase agreements.
​
You may need other documents that support your separation agreement.
6 Make your court appearance
1-2 months after you give your documents to the court, you and your partner can represent yourselves in front of the judge.
Who is a mediator and what do they do?
The Malaysian International Mediation Centre (MIMC) has a list of certified Mediators that you can contact to support your separation journey. Its members are trained professionals who are accredited and appointed to the MIMC’s Panel of Mediators.
They are trained to be impartial, manage difficult conversations and be independent. Costs generally range from RM 2,000 and upwards, depending on the complexity of your situation.
​
Mediators help you work towards a fair separation agreement for you and your partner, which can be used as a basis for your separation.
​
It is important that you find a mediator that can understand and support you both in a way that you feel comfortable.
01
A mediator establishes the conversation boundaries for you
The mediator will set the ground rules on how their mediation process will take place. This can be as simple as letting others speak and being courteous .
02
They explore both of your viewpoints together
Going through your agreement, the mediator will listen to your viewpoints and ask questions. They aim to establish why your separation agreement was written in that way and if either party is knowingly or unknowingly not being fair.
If you have any points that you feel could be unfair, bring them up to the mediator.
03
Solutions are proposed based on individual viewpoints
The mediator will collect all points that you or they believe may be unfair in the separation agreement. Based on this, they will talk with you both to help you come to a solution which is more balanced for both of you.
If you find that you cannot come to an agreement, then mediated separation may not be the right path for you and your partner.
04
Both of your viewpoints are explored separately
If required, the mediator may ask to speak to you privately. By doing so, you can talk openly on topics with them that you may have felt uncomfortable raising with your partner.
This helps the mediator explore behaviour and rational, in order to help you both move towards a fair solution.
05
A revised separation agreement is created
With a revised and more fair proposal found, you can write your new separation agreement, confident that an impartial party has given their professional opinion that both of you are getting the best out of each other.
Do you still need a lawyer post mediation?
It's still a good idea.
Remember, a lawyer can check whether your newly mediated separation agreement is legally enforceable. The role of the mediator is to simply help you come to an mutual agreement on the contents.
​
A lawyer can also help you through the court documentation and regulatory process.
Mediated separation is suitable for the
following people:
An existing trusting and open relationship.
Those with reasonable communication.
Ensuring that everybody has a fair outcome in the separation path.