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Divorce by Joint Petition & its requirement
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In our article today, we would like to share about the preliminary requirements for applying Divorce by way of Joint Petition in Malaysia.
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The first requirement
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The husband and wife must be married with one another for more than two (2) years.
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Second requirement
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Although the parties do not need to provide the reason(s) that lead to the breakdown of their marriage, however, a consensus must be reached between the parties in relation to the custody, control and care of their child (or children); alimony (if any), and the distribution of their marital asset(s).
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In summary, these are the questions that the parties need to discuss before looking for a divorce lawyer:-
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- Who the child going to live with in the future?
- What kind of circumstances the other party has the right to visit or access their child
- Before the child attains the age of majority, who has the power to make the decision(s) in relation to the child’s education, religion, and asset.
- How to distribute the parties’ matrimonial properties?
- Who will be paying the child’s daily expenses, education fees, and medical fees?
- Does the husband need to pay alimony to the wife after divorce?
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When both parties have come to a consensus in relation to the questions above, their divorce lawyer would insert all the agreed terms into the Court Order, so to prevent the parties from having a dispute after the divorce.
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Documents that are needed for applying for divorce (by Joint Petition):
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- photocopy of the husband’s and wife’s IC
- photocopy of the marriage certificate
- photocopy of the child’s identification document (birth certificate/MyKid
- Relevant documents of their matrimonial asset(s)
- photostat of medical report issued by a general practitioner (in relation to the health condition of the children)
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If the parties cannot come to an agreement, and one of the party still intend to divorce, he/she would have to file a Unilateral Petition in the High Court.
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These are the information about the conditions for applying Divorce by Joint Petition, if you have any inquiries about divorce, please do contact us: https://wa.link/q3kmv5
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1 If you want to know what are the differences between Joint Petition and Unilateral Petition For Divorce, you can read our article, please click
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2. If you want to know more about Divorce by Unilateral Petition, you can read our article, please click
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3. About FAQ by our clients about Divorce by Joint Petition, you can read our article, you can read our article, please click
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