What is Unilateral Divorce or Single Petition?
The way we write this article is meant for public to read and understand. We would not cite any legal provision or case law so the public can understand easily.
In Malaysia, there are two types of divorce. There is mutual divorce, in other term we call it as Joint Petition, and unilateral divorce, we call it also as Single Petition.
When you should file Single Petition
- When you want to get divorce but your spouse does not agree to it
This is a very pathetic situation whereby one party want to get divorce but the other party does not want to get divorce. There might be several reasons. One of the common reason is both parties could not agree to the terms and conditions such as agreement to the arrangement of the custody, care and control of the children and division of matrimonial asset.
- When there is issue of adultery
When there is involvement of third party in a marriage, it is not easy to get your spouse to agree to divorce. Adultery is a form of extramarital sexual intercourse between a married person and a person who is not a party to the marriage. In a fault divorce, adultery is one of the grounds for divorce. When there is a third party involved in the marriage, the spouse can sue the third party in the divorce proceeding. We shall discuss about this issue thoroughly in another articles.
What are the terms and conditions you can plead in single petition?
- Marriage to be dissolved
Whether your spouse agreed or not agreed to the divorce, the court always grant the marriage to be dissolved
- Custody, care and control of the Child/Children (if any)
You can decide the type of custody care and control you want to have and let the court the make the final decision. We shall discuss thoroughly what are the type of custody care and control in another article.
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
You can decide how you want the matrimonial asset to be divided the Court then will make the final decision on this issue. We shall discuss deeply how the court decide the division of matrimonial asset in another article.
- 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 house wife taking care of their children but not otherwise.
- If there is adultery issue involve
You can sue the third party for compensation if there is adultery issue involve.
Should you have any questions, please do not hesitate to contact us.