Ending a marriage: How complicated can it be?

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Differences between Civil Mutual Divorce and Contested Divorce

Need to consult a lawyer on Civil Divorce? Let us know how we can help, but FIRST, get to know simple facts about Civil Divorce.

Some relationships are not meant to be even when you have given and tried your best – ie. marriages. Often people think ending marriages are difficult and troublesome. IT DEPENDS, really.

There are two types of divorces:-

1) Mutual Divorce

2) Contested Divorce

Mutual Divorce means both parties agreed to the divorce. This is definitely the easiest way out if both parties can sort their issues way earlier before they file the case to court. In fact, if parties can agree to other matrimonial matters like custody and maintenance of children, distribution of property and some other terms; they can possibly discharge all their issues once and for all via an application to Court.

To some clients, they can just hire the same Counsel to settle all terms amicably in Court. The appointed counsel will prepare all documentations, file it to court and represent both parties. DONE!

However, it is quite different if one of the parties is not agreeable to the said divorce. This is called Contested Divorce. For example, the wife would be the one filing to Court for divorce, but the husband would oppose or contest to such application because he is not agreeable to the said divorce.

In some other instances, both parties would agree to the divorce, but they cannot agree to other matrimonial terms.

As complicated as it may sound, Contested Divorce will usually be time-consuming, energy draining, and more funds needed to brave through the entire process in Court. It will take a longer period of time in Court due to the court processes that parties have to go through.

All in all, matrimonial matters are not like any other civil cases. There are always rooms for negotiations and mediations in between to uphold and protect the best interest of the children and family.

If you need a consultation, do contact us !

Article Disclaimer: The contents written above and/or in this website do not constitute a legal advice and should not be relied upon by any parties as such. Please reach out to us for further enquiries.

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HAJAR AFIFAH ZAINAL

SYARIAH LAWYER

Hajar Afifah Zainal is a Syariah lawyer with a strong academic and professional background in Islamic law. She holds a Bachelor of Islamic Sciences & Arabic (Syariah) from Al-Azhar University, a Diploma in Law and Administration of Islamic Judiciary (IIUM), and a Master of Laws (LL.M.) from Universiti Kebangsaan Malaysia. She began her career as a Syariah paralegal at Tarmizi Marzuki & Sulaiman, where she gained hands-on experience in a wide range of Syariah matters, including divorce, matrimonial property, maintenance, custody, inheritance, and related applications. She is admitted as a Syariah lawyer in Terengganu, the Federal Territories, and Selangor, reflecting her capability to represent clients across multiple jurisdictions. Currently serving as Shariah Counsel at Nurainie Haziqah & Co., she advises on family and estate matters, combining technical expertise with a thoughtful and principled approach to legal practice.

NUR AMIRAH IBERAHIM

LEGAL ASSOCIATE

Nur Amirah Ibrahim is an Advocate and Solicitor of the High Court of Malaya, admitted in December 2023. She graduated with First Class Honours in LL.B (Hons.) from Universiti Utara Malaysia in 2022. She began her legal career at Sabarudin Othman & Ho, where she completed her pupillage with a focus on civil litigation. Her experience includes handling motor vehicle accident claims, including third-party bodily injury and property damage matters, as well as advising insurance companies and managing related proceedings. She has also been involved in general litigation matters such as defamation and breach of contract, assisting in hearings and trials. In 2024, she joined Nurainie Haziqah & Co., where she continues to develop her practice in litigation. Known for her diligence and strong work ethic, she is committed to delivering reliable and effective legal support while upholding professional standards.

NUR SYAZWANI AZLAN

PARTNER & HEAD OF CORPORATE & COMMERCIAL

Nur Syazwani Azlan is an Advocate and Solicitor of the High Court of Malaya, admitted in 2014, with extensive experience in conveyancing, litigation, and corporate practice. She holds a Bachelor in Legal Studies (BLS) and LL.B (Hons.) from Universiti Teknologi MARA. She began her career at B.C. Tan & Co, gaining hands-on experience in civil litigation and conveyancing, including property transactions, loan documentation, and court proceedings. She later transitioned into a corporate role as Legal and Human Resources Manager in a media company, where she handled employment law matters, corporate agreements, and media contracts with major broadcasters. Resuming legal practice in 2021 at Khong & Son, she focused on conveyancing, particularly post-auction cases, high-value transactions, and complex property issues. She has successfully managed intricate matters involving transfers, auctions, and estate-related complications. Currently a Partner at Nurainie Haziqah & Co., she leads the Conveyancing Department, specialising in financing, subsale transactions, and developer projects.

NURAINIE HAZIQAH

MANAGING PARTNER

Ainie Haziqah brings over 10 years of legal experience across civil, general, and Syariah-related litigation. Her practice includes representing Joint Management Bodies and companies in debt recovery matters, as well as handling a wide range of family and matrimonial cases such as divorce, child custody, and maintenance. In addition to her litigation work, Ainie serves as a Syariah Consultant, providing tailored legal guidance to individuals and families. She is deeply committed to social impact, with a strong focus on advocating for women’s rights and addressing domestic abuse through both legal practice and community engagement. Ainie is actively involved in pro bono work, particularly with DHRRA Malaysia, where she supports undocumented and stateless individuals in securing their rights and citizenship. She has also co-founded several NGOs dedicated to assisting underprivileged communities, including refugees, single mothers, and the underserved communities. Beyond her legal practice, Ainie contributes to education and thought leadership. She has been invited to speak at universities and public platforms on topics such as family law, statelessness, and social justice. She has also played a role in academic development, including reviewing curriculum for law and politics programmes, and serves as a mentor on international platforms supporting women’s advancement.

SITI HAWA KHAIRUNNISA

PARTNER & HEAD OF CORPORATE & COMMERCIAL

Hawanisa is a corporate and commercial lawyer with over 10 years of experience advising businesses across various industries. Her practice spans corporate advisory, commercial transactions, and regulatory compliance. She has extensive experience in drafting, reviewing, and negotiating commercial agreements, as well as advising on corporate structuring, mergers and acquisitions, and shareholder matters. Hawanisa has also supported cross-border transactions and market entry strategies. Her combined legal and business background enables her to deliver commercially grounded advice aligned with clients’ strategic objectives. She currently heads the Corporate and Commercial department, where she leads matters with a focus on providing practical, strategic, and business-oriented legal solutions.