Brief Introduction to The Procedure of Divorce in Sarawak
Divorce Procedure in Sarawak, Kuching: For Non-Muslim
Divorce procedure in Sarawak, divorce cases for non-Muslim is governed under the Law Reform (Marriage and Divorce) Act 1976. There are two types divorce proceedings, which can be either a joint petition or single petition. A joint petition for divorce means both the husband and wife mutually agreed to a dissolution of their marriage whereas a single petition happens when both spouses could not reach an agreement and consensus to a joint divorce. A single e or petitioner can file a single petition for divorce without the other party consent.
Divorce procedure in Sarawak: Joint Divorce Petition vs Single Divorce Petition
|Aspect||Joint Petition||Single Petition|
|Estimated duration to complete the whole proceeding||4 to 6 months||at least 6 months and if the case is contested it can be be more than 1 year|
|Costs||Reasonable||Expensive and the costs increase in accordance to the complexity and progress of the case|
|Court attendance||One time hearing(within 15 minutes)||Trial may take more than one day if the examination of witness is long winded|
|Basic requirement(s)||Registration of marriage more than two (2) years before the filing for divorce||
|Duration required for the Decree Nisi to be made absolute in accordance to the law||Three (3) months after the date of grant of the Decree Nisi||Three (3) months after the date of grant of the Decree Nisi|
IF THE RESPONDENT DID NOT CONTEST/DEFEND:
IF THE RESPONDENT CONTEST/DEFEND:
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