Self Service Separation
If you and your partner agree to separate and are stable and mature, you can write a separation agreement yourselves. You can even represent yourselves in court.
This is referred to as a joint petition, uncontested case, and can take up to 9 months to process.
It is the fastest and cheapest approach to move towards the next steps in life.
If however, your case is complex - even if you are mature and stable, you may want to engage a third party to help you draft your separation agreement.
Download our Questionnaire and fill it out with your partner. Use it as a reference for you both to be on the same page.
What you and your partner need to do
1 Write a separation agreement together
Use our Questionnaire to help you in the process.
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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 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.
2 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.
5 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.
3 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.
6 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.
It's best to have a lawyer or somebody who understands the legal process. Because, if you submit the incorrect documents, then your case may get delayed. A standard set of Court fees total to < RM 1,000.
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More importantly, it's good to have a lawyer go through your mutually drafted separation agreement. This way you know that it is legally sound for you both and that in the future, nobody can claim against each other.
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This is particularly important if you have children, payment plans or a large asset pool. Legal costs can range from RM 3,000 and upwards, depending on your unique situation.
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Remember, this path to separation is suitable for the following people:
An existing trusting and open relationship.
Understanding on how to be fair to each other.
Those with excellent communication.
Desired autonomy in the outcome of the separation path.
