What is Mutual Divorce or Joint Petition?
In Malaysia, there are two types of divorce. There is mutual divorce, in other term we calls it as Joint Petition, and unilateral divorce, we call it also as Single Petition.
In joint petition, both parties (husband and wife) agreed to proceed to divorce. Basically, the spouse has discussed the terms and conditions and they proceed to appoint the lawyer to draft the cause paper.
What are the terms and conditions should be discussed?
- Custody, care, and control of the Child/Children (if any)
If there is child of marriage, both husband and wife shall discuss the custody, care and control of the child given to whom. It can be joint custody, care and control or sole custody, care, and control.
If the sole custody, care and control is given to the one party then other party can ask for access. Access in other way mean visitation right. The visitation right can be arranged in such manner such as visitation on every Saturday and Sunday from 8am to 8pm. Visitation on special occasion such as birthday, Father’s day and so on.
- Children maintenance
Children are entitled for child maintenance and the nowadays the parents are ordered to pay the child maintenance until the child complete the first degree or not exceed 21 years old. Parents do need to be responsible for the children education fee as well.
- Matrimonial asset
Under joint petition, parties are free to discussed how they want to settle their matrimonial asset especially the joint name asset. If their joint name property is still under housing loan, they may continue to pay the bank instalment until the loan is fully paid off and transfer to their children or sell the property and divide the proceed.
- Wife maintenance
Wife may request for wife maintenance. However, the amount must be reasonable. Normally, wife maintenance will be given to those women after married, they only serve as a full-time housewife taking care of their children but not otherwise.
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BY Lawyer Khoo