Brief Introduction to The Procedure of Divorce in Sarawak

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 Divorce Procedure in Sarawak, Kuching: For Non-Muslim

Divorce procedure in Sarawak, divorce cases for non-Muslim is governed under the Law Reform (Marriage and Divorce) Act 1976. There are two types divorce proceedings, which can be either a joint petition or single petition. A joint petition for divorce means both the husband and wife mutually agreed to a dissolution of their marriage whereas a single petition happens when both spouses could not reach an agreement and consensus to a joint divorce. A single e or petitioner can file a single petition for divorce without the other party consent.

Divorce procedure in Sarawak: Joint Divorce Petition vs Single Divorce Petition

Aspect Joint Petition Single Petition
Estimated duration to complete the whole proceeding 4 to 6 months at least 6 months and if the case is contested it can be be more than 1 year
Costs Reasonable Expensive and the costs increase in accordance to the complexity and progress of the case
Court attendance One time hearing(within 15 minutes) Trial may take more than one day if the examination of witness is long winded
Basic requirement(s) Registration of marriage more than two (2) years before the filing for divorce
  1. Registration of marriage more than two (2) years before the filing for divorce
  2. Attended counselling sessions with Marriage Tribunal JPN
Duration required for the Decree Nisi to be made absolute in accordance to the law Three (3) months after the date of grant of the Decree Nisi Three (3) months after the date of grant of the Decree Nisi
Procedures
  1. Prepare documents to the advocates
  2. Advocates will draft and finalize the relevant cause papers in accordance to the terms agreed by both husband and wife petitioner
  3. Attest the execution of the cause papers
  4. Filing of the cause papers to the High Court
  5. Court will fix hearing date
  6. Parties attend the hearing
  7. Decree Nisi granted by the Court
  8. Advocates to extract Certificate of Making Decree Nisi Absolute three (3) months after the date of grant of the Decree Nisi
  9. To update the divorce status at JPN Bahagian Perkahwinan & Perceraian
  1. Attend three (3) counselling sessions with Marriage Tribunal JPN
  2. Prepare documents to the advocates
  3. Advocates will draft and finalize the relevant cause papers in accordance to the terms instructed by the Petitioner
  4. Filing of the cause papers to the High Court
  5. Upon the sealing of the cause papers, service of the cause papers to the Respondent

IF THE RESPONDENT DID NOT CONTEST/DEFEND:
 

  1. After the Respondent lapsed the period to file defence , the advocates will file notice request for directions for trial
  2. Advocates will comply with the directions for trial
  3. Inform the Respondent of the Trial hearing date
  4. Advocates and Petitioner to attend the Trial
  5. Decree Nisi granted after the Trial
  6. Advocates to extract Certificate of Making Decree Nisi Absolute three (3) months after the date of grant of the Decree Nisi
  7. To update the divorce status at JPN Bahagian Perkahwinan & Perceraian

IF THE RESPONDENT  CONTEST/DEFEND:

  1. Respondent to file and serve Acknowledgement and Answer to Petition
  2. Petitioner’s Advocates to file Petitioner’s Reply
  3. Petitioner’s advocates to file notice request for directions for trial
  4. Advocates for Petitioner and Respondent to attend hearing of request for directions for trial
  5. Both advocates to comply with the directions for trial
  6. Petitioner’s witnesses and Respondent’s witnesses to attend trial (examination on witnesses)
  7. Upon full trial, Court will fix a date for ruling
  8. Upon ruling, the Court will grant the Decree Nisi and decision on other prayers
  9. Advocates to extract Certificate of Making Decree Nisi Absolute three (3) months after the date of grant of the Decree Nisi
  10. To update the divorce status at JPN Bahagian Perkahwinan & Perceraian

If you have any questions or require any additional information, please contact our lawyer that you usually deal with.

This article is written by 
Amy Lo Mei Chin
Partner, Lo & Partners

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