4. Contested divorce- Compulsory Counseling Session

When things are not going well in a divorce case, one spouse may threaten to terminate negotiations and head to court. However, the road to a divorce trial is long and costly. The expense of a trial can deplete the very assets that are often the subject of the dispute. Even simple matters can require multiple court days to complete, and after spending thousands of monies, spouses and their lawyer are left with the total uncertainty of how a judge will rule.

Further, most people think all divorces can straight end up in court. In fact, there are preliminary stage need to go through. The petitioner will require to refer to reconciliation body before petition for a divorce. A mediator (often a officer in Jabatan Pendaftaran Negara ‘s marriage tribunal) will facilitates face-to-face negotiations between divorcing spouses and helps them work out mutual agreements. The mediator will often recommend that each spouse consult with an lawyer while the mediation process is proceeding. However, these lawyer don’t attend mediation sessions.

Section 106 of the  Law Reform (Marriage and Divorce) Act 1976- Requirement of reference to conciliatory body before petition for divorce

(1) No person shall petition for divorce, except under sections 51 and 52, unless he or she has first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties:
Provided that this requirement shall not apply in any case—
(i) where the petitioner alleges that he or she has been deserted by and does not know the whereabouts of his or her spouse;
(ii) where the respondent is residing abroad and it is unlikely that he or she will enter the jurisdiction within six months next ensuing after the date of the petition;
(iii) where the respondent has been required to appear before a conciliatory body and has wilfully failed to attend;
(iv) where the respondent is imprisoned for a term of five years or more;
(v) where the petitioner alleges that the respondent is suffering from incurable mental illness; or
(vi) where the court is satisfied that there are exceptional circumstances which make reference to a conciliatory body impracticable.

The counselling session will be completed within the period of six months at JPN Marriage Tribunal.

If the conciliatory body is unable to resolve the matrimonial difficulty to the satisfaction of the parties and to persuade them to resume married life together, it shall issue a certificate to that effect.

5. Contested Divorce- proving one of the following facts which are recognised as proof of breakdown under Section 54 of the Act:

The applicant must prove the facts leading to the breakdown of the marriage : –

• a) adultery
• b) can’t be expected to live with your partner due to their behaviour
• c) separation for at least two years;
• d) desertion;
• e) separation for five years.
  
  You need to provide your lawyer with all key facts so he or she can analyse your case properly and give you appropriate advice. Even if you hide something from your lawyer, the facts may very well come out anyway (e.g., your spouse may discover hidden facts from a third party or by reviewing documents). By then, it may have already harmed your case and your ability to obtain a good result.
  

6. Contested divorce-Have Reasonable Expectations

The petitioner will often pray for the terms on the custody, care and control of the child, maintenance, and division of the assets in their favour. Sometimes, divorcing spouses have goals that are completely unreasonable or inconsistent with the law. If you want your divorce case resolved quickly, you need to understand how the law applies to your case and have a reasonable expectation about the outcome. You may want to consult with a lawyer to get a better understanding of the potential outcome(s) in your case.

At the end of the day, the issue on custody of the child is very much depend on what is best for the child and the welfare of the child is the paramount consideration. For division of assets, the court will look at it the extent of contribution of both parties, either in money contribution or by taking care of the family, the children need, the duration of the marriage and etc.

As regards to the maintenance for the child and spouse, the court shall will fix an amount in such a way that the children is sufficiently support and status quo of the current standard of living of the divorcing spouse can be maintained respectively.

Documents required :

1. The applicant’s identity card;
2. Marriage certificate;
3. Children’s birth certificates;
4. documentary proof for the matrimonial assets such as title deeds, sale and purchase agreement, bank account, company share and etc.