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Question:
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“Hello Lawyer Yeo, my name is Xiao Li. I divorced my ex-spouse in Malaysia three (3) years ago.
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At that time, the divorce lawyer was appointed by my ex-spouse. I only attended court hearing once and didn’t receive any documents afterward.
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May I know what documents I should have received after the divorce, and how can I verify whether the National Registration Department (JPN) has updated my marital status?
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Hope you can answer my questions as I am planning to remarry soon. Thank you for your help.”
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Answer:
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1. Once a divorce application has been granted by the High Court, the petitioner or applicant will normally receive three key documents from his or her divorce lawyer:-
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- Court Order (Perintah)
This document sets out the terms of the divorce between the parties, including matters such as custody, care and control of the children, division of matrimonial assets, and maintenance (alimony). - Decree Nisi
This is a provisional court order that temporarily dissolves the marriage. - Certificate Making Decree Nisi Absolute (Sijil Menjadikan Decree Nisi Mutlak)
This is the final certificate issued by the Court confirming that the divorce is legally effective and that the marriage has been fully dissolved.
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2. Once the court is satisfied during the hearing that all the requirements for divorce — whether mutual or unilateral — have been met, it will issue both Perintah and Decree Nisi, which signify the temporary dissolution of the marriage.
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3. Through the Decree Nisi, the court will impose a three-month “cooling-off period” to allow both parties time to reconsider their decision. In exceptional circumstances, the court may waive this waiting period and allows the marriage between the parties to be resolved immediately on the hearing date itself.
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4. After the three (3)-month period has lapsed, the divorce lawyer must notify and apply from the High Court for the issuance of a Certificate Making Decree Nisi Absolute. Once the court issues this certificate, the petitioner’s divorce becomes final and legally binding.
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5. Once the Certificate Masking Decree Nisi Absolute is issued, the court will notify the same to the National Registration Department of Malaysia (JPN). However, it may take some time before the updated marital status is reflected in JPN’s registration system.
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6. Hence, if either party needs to remarry urgently, he or she may instruct the divorce lawyer to submit all three divorce documents to JPN immediately and request a Marital Status Update Letter (Surat Kemaskini Status Perceraian) to be issued. This letter serves as official confirmation that the individual’s marital status has been updated in the registry officially.
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7. Once JPN’s records have been updated (whether by the court or divorce lawyer), the parties may proceed to remarry. The marriage registrar will not require them to produce the divorce orders from their previous marriage.
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8. To verify whether the divorce record has been properly updated, the interested party may do either of the following:-
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- Visit any JPN branch in person; or
- Check online via JPN’s official portal: https://semakceraisivil.jpn.gov.my/
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9. If the party intends to marry a foreign national, he/she may need a Certificate of Single Status to confirm that he/she is legally single in Malaysia. This certificate can only be obtained from the JPN Headquarters in Putrajaya, not at ordinary branches.
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10. This wraps up our legal explanation on the divorce orders in Malaysia. If you are looking for a divorce lawyer in Malaysia and would like legal assistance, feel free to reach out to us on WhatsApp: https://wa.link/q3kmv5
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