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Reconciliation

Reconciliation


If Talak has been pronounced outside Court, and you and your spouse would like to reconcile, you must both attend personally at the Syariah Court within seven days from the date of the pronouncement of Talak.

You will be required to furnish particulars of the pronouncement of Talak and may be directed for the husband to register for and parties be exempted from the Marriage Counselling Programme, and to commence divorce proceedings by filing the Originating Summons for divorce.

Upon successful filing of the Originating Summons for divorce, an appointment will then be fixed for mediation or a Pre-Trial Conference. The wife, as a Defendant, must file a Memorandum of Defence at least 3 working days before the Court appointment date.

In most cases, you will first attend before a mediator to see if an agreement has been reached. You will thereafter be brought before a President of the Syariah Court who will determine whether the divorce effected outside Court is valid. As such you must ensure that all information provided in the Case Statement and the Memorandum of Defence is complete and accurate. If further inquiry by the Court is necessary, you will be required to provide evidence, whether orally or by filing an affidavit, and may be given a further Court appointment date. If the Court validates and decrees a divorce, the divorce will be registered.

Payment will be required for the registration of divorce and for any Court documents to be filed.

Upon the issue of the decree or order for divorce, you and your spouse must then attend personally at the Registry of Muslim Marriages to register the revocation of divorce for purposes of rujuk (reconciliation) or remarriage, whichever is applicable.

In the event you and your spouse do not wish to reconcile and at least one of you intends to proceed with a divorce application, the above reconciliation process does not apply.
Instead, divorce proceedings are to be commenced in the usual manner. The applicant for divorce must submit a registration to attend the mandatory Marriage Counselling Programme, and must attend and complete the Marriage Counselling Programme, and the Parenting Programme if applicable.

Click here for the estimated filing fees.