The Joint Petition Process: A Quick Snapshot

Divorce can be a stressful and costly process, but it doesn't always have to be. If both parties agree and wish to dissolve their marriage amicably, the Joint Petition route can provide a peaceful, cost-effective, and speedy way to finalize the divorce. This guide will walk you through the key steps in the Joint Petition process.

Step 1: Initial Agreement and Letter of Appointment

Before you begin the Joint Petition process, both parties must come to an understanding on key issues such as child custody, care and control, access arrangements, division of matrimonial assets, and any spousal or child maintenance obligations. Essentially, you need to agree on how matters will be settled post-divorce. The Joint Petition process is only suitable if both parties are on the same page, as any disagreement can cause the process to fail and escalate into a single petition.

Once an agreement has been reached, the next step is to appoint a law firm to represent you in the divorce proceedings. Both parties will usually sign a letter of appointment to authorise a law firm to handle the case. At times, only 1 party will be represented while the other chooses not to have any legal representation.

Step 2: Drafting the Joint Petition and Other Documents

The law firm will then draft a Joint Petition, which is a legal document outlining the terms of the divorce and the arrangements for both parties post-divorce. This petition will include details on:

1. Child Custody, Care and Control: This pertains to who will have primary custody (the person with whom the child will stay) and how decisions regarding the children will be made.
2. Access Provisions: Visitation arrangements for the non-custodial parent.
3. Division of Matrimonial Assets: How marital assets, moveable and immovable, will be divided. Matrimonial assets can come in the form of cash, houses, stocks, shares, vehicles etc.
4. Spousal Maintenance: This relates to whether one spouse will provide financial support to the other after the divorce, and whether the financial support will take the form of a lump sum or monthly payments.
5. Child Maintenance: This pertains to financial support for the children as well as which parent pays for what, and in what portions/percentages.

It is essential that both parties are in agreement with these terms before proceeding. If there is any disagreement, the Joint Petition will not be successful, and the case may need to be filed as a single petition, which is typically more contentious, costly, and time-consuming.

Once the terms are settled and the Joint Petition is drafted, both parties must affirm a joint Affidavit in Support (or separate Affidavits in Support, should the parties be in different locations) confirming that the contents of the Joint Petition are true to the best of their knowledge. These affidavits must be sworn before a Commissioner for Oaths.

If there are children involved, a Statement as to Arrangements for Children must also be prepared. This document outlines the care and access arrangements for the children following the divorce.

A Notice of Appointment of Solicitors will also need to be prepared and signed by parties (or one party, as the case may be) to show that the law firm is appointed to act on behalf of the parties/party.

Step 3: Filing the Documents

Once the Joint Petition, Supporting Affidavit(s), Notice of Appointment, and Statement as to Arrangements for Children (where applicable) have been finalised and signed, the law firm will file these documents through the online court system. 

Step 4: The Divorce Hearing

Within a couple of days after filing, the Court Registrar will review the documents and, provided everything is in order, schedule a hearing date. This hearing is typically set within 3 weeks from the filing date (subject to the court schedule and availability). Both parties must attend the hearing, either in person or via an online video platform.

The presence of both parties is required and the only way to dispense with one party’s presence (should there be a genuine necessity to do so) is to file an affidavit of non-appearance to seek the dispensation of one party’s attendance. The final decision as to whether one’s attendance be dispensed with lies with the court.

During the hearing, the court will verify the identities of both parties via their Identification Cards. The judge will then ask whether both parties consent to the divorce. If both parties confirm their agreement, the court will grant the divorce and issue an Order in Terms. This means that the court will officially grant the divorce based on the terms set out in the Joint Petition.

The hearing itself is usually brief and typically lasts around five minutes (although waiting time could be an hour).

Step 5: Finalizing the Divorce

Once the court hearing is completed and the court has granted the order in terms, lawyers will draft and file the Divorce Order, Decree Nisi, followed by Notice of Application to Make Decree Nisi Absolute and finally, a Certificate of Making Decree Nisi Absolute. The final certificate, declaring that the decree nisi has become absolute, will be sealed by the court and this is the end of the court process.

Step 6: Updating Records at Jabatan Pendaftaran Negara (JPN)

Once the divorce is finalized and the Certificate of Making Decree Nisi Absolute is sealed, parties need to update their personal records with the Jabatan Pendaftaran Negara (JPN). This is an essential step to officially reflect the parties’ divorce in the JPN records. Your lawyers will compile the necessary documents to be submitted to JPN. Thereafter, JPN will issue a letter confirming that parties’ records in JPN have been updated. This ensures that both parties' marital status is accurately updated in official documents, e.g.  their identification cards and other relevant records.

Conclusion

The Joint Petition process offers a streamlined and less adversarial route to divorce for couples who agree on key issues. By following these steps, you can finalise your divorce in a cost-effective and timely manner.

If you're considering the Joint Petition route, ensure that both you and your spouse are fully aligned on the terms of the divorce. With the right preparation, the process can be a quick and peaceful resolution to what can otherwise be a complicated and emotional situation.