Negotiated Separation
Unfortunately, not every separation can walk a smooth path.
A negotiated separation is where you and your partner engage lawyers separately. This is usually the case when both parties do not agree to a separation or divorce, or cannot come to terms on a mutually beneficial separation agreement.
Such cases are referred to as a single petition or contested case, and depending on the amicability of you and your partner can take from months to years to resolve.
However, it does not necessarily mean that you will end up in court.
Download our Questionnaire, fill it out, send it to your lawyer. Help them understand your situation as fast as possible, so they can reduce your stress throughout this period.
What you need to do
1 Write a separation agreement
You will write this yourself. It is likely your partner will do the same.
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Your separation agreement should cover everything you can think of. Your bank accounts, car, properties, family, pets, just to name a few.
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4 Separation agreement is not established
If your partner and yourself cannot agree to a mutually beneficial separation agreement, then you must let the court decide on your behalf.
7 Gather your personal documents
1. IC Card
2. Marriage certificate.
3. Children birth certificates.
4. Property sale & purchase agreements.
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You may need other evidence that supports why you want to separate.
10 Make your court appearance
1-2 months after all parties have given their documents to the court, you will be asked to go to court.
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You may be questioned by your partner's lawyers as part of the process.
2 Find a lawyer to negotiate through
Your lawyer will take your proposed separation agreement and give it to your partner (or their lawyer).
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You will continue to negotiate on terms until you agree, or agree to disagree.
5 Attend marriage tribunal counselling
Before filing your separation documents to the court, you and your partner must attend marriage tribunal counselling at Jabatan Pendaftaran Negara (JPN).
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Their goal is to assess whether your relationship is reconcilable.
8 Fill out your court documents
1. Single Petition for Divorce.
2. Single Affidavit confirming the above document is true.
3. Single Petition Arrangements for Children.
4. Cover Certificate for supporting personal documents.
11 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.
3 Separation agreement is established
If a separation agreement is eventually established between you and your partner's lawyers, then you can proceed to follow the Self Service Separation path.
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Remember, this is the cheapest and fastest route to separation.
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6 Relationship is unreconcilable
If the tribunal cannot reconcile the relationship between you and your partner, they will issue you an official marriage tribunal certificate.
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Without this certificate, the separation path cannot proceed further.
9 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.
Marriage counselling first helps you move towards a reconciliation
Bring our Questionnaire to your marriage counselling
You and your partner must register yourselves at the nearest Jabatan Pendaftaran Negara (JPN) branch to your home. Costs are < RM 10 for the sessions and the process is only applicable for non-Muslims.
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Only you and your partner will be present in the counselling, no other independent parties can join.
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Marriage Counselling is only mandatory in the case of going to court through a negotiated separation, where either you and your partner disagree on your separation agreement, or disagree to separate from each other.
The counselling process is focused on you and your partner
Similar to a mediation, the counselling members will help you communicate with each other, express your differences logically , and try to find a common ground for reconciliation.
Register yourselves
Register yourselves with Jabatan Pendaftaran Negara (JPN) at the counter to start the process.
Reconcile if you can
The members will help you communicate and lead you towards a possible reconciliation.
Book your sessions
Once you book your counselling sessions, expect them to take between 3-6 months.
Avoid exemption
Exemptions from counselling are rare. They are possible under extreme circumstances however.
3 months, 3 members
It is common for up to 3 counselling session to take place, each with 3 members.
Receive your certificate
If the members cannot reconcile you and your partner, a certificate will be issued for court purposes.
You will need
a lawyer
With counselling resulting in an unreconciled situation, a decision in court is inevitable. A good lawyer will help you through the process to ensure that your interests are protected for you and your family.
If you can't afford a lawyer, there are options
You can apply to the Legal Aid Department (LAD) under Jabatan Bantuan ​Guaman (JBG). They also provide mediation services, just in case you and your partner eventually agree on a mediated separation.
Lawyer costs are subsidized, so depending on the complexity of your case, your cost will vary. Court costs however, are free.
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The Bar Council Legal Aid Centre (LAC) also provides similar legal advice to the LAD. Under the LAC, costs for a lawyer are free. However, the costs for the court are to be paid by you as usual.
Both the LAD and LAC have a test to determine if you qualify for their services. LAD requires annual joint income to be < RM 30,000. For the LAC, a monthly joint income of < RM 900 is required.
It is best to contact each organization for the most updated details. You may also find other similar Legal Aid Centers across Malaysia, do a search online for your closest one.
The negotiated separation path is suitable for
those that have the situation below:
A relationship that cannot be trusted.
Have complexity in their personal situations.
A last resort before deciding to go to Court.
