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Mutual Divorce Application Form Template for Malaysia

A standardized legal form used in Malaysian courts for couples seeking divorce by mutual consent under the Law Reform (Marriage and Divorce) Act 1976. This document serves as the formal application through which both parties jointly petition for the dissolution of their marriage. It requires comprehensive information about the marriage, grounds for divorce, and proposed arrangements for matters such as property division and child custody if applicable. The form must be filed in accordance with Malaysian court procedures and must be properly executed before a Commissioner for Oaths.

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What is a Mutual Divorce Application Form?

The Mutual Divorce Application Form is a crucial document in Malaysian family law proceedings, designed for couples who have mutually agreed to end their marriage. This form is specifically used in cases where both parties consent to the divorce and must be filed in accordance with the Law Reform (Marriage and Divorce) Act 1976. It contains essential information about both spouses, details of the marriage, grounds for divorce, and any arrangements regarding children, property, and maintenance. The document must be filed with the appropriate Malaysian court and requires both parties to affirm their consent before a Commissioner for Oaths. This form is particularly relevant for non-Muslim couples, as Muslim divorces fall under separate Shariah law provisions.

What sections should be included in a Mutual Divorce Application Form?

1. Personal Information of Petitioners: Details of both spouses including full names, IC numbers, current addresses, occupations, and contact information

2. Marriage Details: Information about the marriage including date, place of registration, marriage certificate number

3. Grounds for Divorce: Statement confirming mutual consent and that the marriage has irretrievably broken down

4. Jurisdiction Statement: Declaration establishing the court's jurisdiction based on parties' domicile or residence

5. Previous Proceedings: Declaration regarding any previous or pending proceedings relating to the marriage

6. Prayer: Formal request for divorce and other orders sought from the court

7. Declaration and Signatures: Sworn statements by both parties confirming the truth of the contents and their free consent

What sections are optional to include in a Mutual Divorce Application Form?

1. Children of Marriage: Details of children under 18, including arrangements for custody, care, access, and maintenance - required if there are children from the marriage

2. Matrimonial Property Division: Proposed division of matrimonial assets and debts - required if there are joint assets or liabilities

3. Maintenance Arrangements: Details of any agreed spousal maintenance - required if maintenance is being sought by either party

4. Religious Matters: Relevant for converts or cases involving religious issues - required if religious matters affect the divorce

5. Domestic Violence History: Declaration regarding any history of domestic violence - required if there have been domestic violence incidents

What schedules should be included in a Mutual Divorce Application Form?

1. Schedule A - List of Matrimonial Assets: Detailed inventory of all matrimonial assets including properties, vehicles, investments, and their agreed division

2. Schedule B - Children's Arrangements: Detailed parenting plan including custody arrangements, visitation schedules, and education plans

3. Schedule C - Financial Disclosure: Statement of financial positions of both parties including income, expenses, assets, and liabilities

4. Appendix 1 - Supporting Documents: List of required supporting documents including marriage certificate, IC copies, birth certificates of children

5. Appendix 2 - Consent Orders: Draft consent orders reflecting the agreed terms of settlement between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Document Type

Consent Form

Cost

Free to use

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