Is a counselling certificate a MUST before you can file a contested divorce petition?


In the heart of Malaysia, the Law Reform (Marriage & Divorce) Act 1976 wields a powerful provision, Section 106. It's a legal clause with a twist - it's all about second chances and the hope of rekindling love. So, if you find yourself in a contested divorce in the enchanting realm of Malaysian law, this is your tale.


The Call for Mandatory Counseling: 

Section 106 is no ordinary law. It requires couples on the brink of divorce to embark on a journey through marriage counseling at the National Registration Department. Picture it as a bridge, connecting estranged hearts and guiding them toward a possible reconnection.



The Reconciliation Quest: 

The essence of Section 106 is all about fostering reconciliation. The counseling sessions are like a theater for two, where couples air their grievances, dreams, and fears, hoping to compose a harmonious symphony once more.



The Judge's Dilemma: 

But, of course, in the court of law, there's always a twist. The court holds the power to decide whether this counseling journey will be the path to reconciliation or simply a pit stop on the road to divorce. It weighs the sincerity of the couple's efforts and the unique dynamics of their relationship.



The Guide:

 In this legal adventure, you won't want to go it alone. Seeking legal counsel is like having a trusted guide by your side. A skilled family law attorney knows the terrain, understands the twists and turns, and can help you make informed choices.



The Timing and Mystery: 

The journey through counseling is unique to every couple, with a timetable known only to the National Registration Department. It's a mystery that unravels as you traverse the path. Generally there are 3 sessions to attend before a certificate can be issued



The Legal Implications: 

Lastly, remember that compliance with the counseling requirement isn't just a legal formality or rather a pre-condition for filing a contested divorce petition. The court may also consider your willingness to engage in counseling when making decisions on custody, assets, and support arrangements.



So, there you have it – Section 106 of the Law Reform (Marriage & Divorce) Act 1976, a law that is mandatory for a person seeking to file a contested divorce petition. Without this your petition will be flawed in law.

It is always a smart move to consult a divorce lawyer before you can take any steps in law to proceed with a divorce proceedings.

For enquiries, contact me at forlawme.yuva@gmail.com or drop me a question below this Blog!

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