Dissolved a Malaysian Marriage Overseas? Here’s How to Register the Divorce
Dissolved a Malaysian Marriage Overseas? Here’s How to Register the Divorce
Dissolved a Malaysian marriage overseas? Here’s how to register the divorce if you are wondering if there is a need for you to register your divorce obtained overseas in Malaysia.
Generally, this is one of the most frequently asked questions for Malaysians who had applied for a divorce overseas and they are unsure if they need to register their divorce obtained overseas in Malaysia.
If you are married under the law in Malaysia as a non-Muslims (either if you registered your marriage in Malaysia or through the embassy of Malaysia overseas), your marriage will be recorded under the law in Malaysia.
So, even if you have obtained a divorce overseas, there is no way the marriage and divorce registry in Malaysia will have record on this until and unless you have registered the said divorce in Malaysia with the registry.
Can You Register Foreign Divorce With The JPN Directly?
There is a common misconception where many people think that they can register the foreign divorce with the JPN directly.
This is NOT POSSIBLE because the JPN has no power to register and verify the authenticity of the divorce certificate obtained from overseas without a declaration order from the Malaysian court to recognise the said overseas divorce order or certificate.
How To Register Overseas Obtained Divorce in Malaysia
It is very important to take note that you CANNOT just simply head to the Jabatan Pendaftaran Negara (JPN) Malaysia and submit your overseas divorce certificate to update the marriage and divorce registry. Your request will be rejected by the officers of JPN. This is because the you will need to make sure that the divorce obtained overseas is one that is legally valid and should be recognized by the law in Malaysia.
To do this, you need to engage a divorce lawyer to file an application to the Court in Malaysia in order to allow the Court to examine the divorce obtained overseas so that the Court can declare under the law that the divorce obtained overseas is recognized under the law in Malaysia before it is allowed to be registered with the JPN.
Process of Court Application
1. For this application, either party to the divorce can apply and there is no need for both parties to apply for the same application in Malaysia. You will need to prepare the following documents in order to file an application to the Court:
- Marriage certificate (Malaysian marriage certificate & Overseas marriage certificate)
- Foreign divorce certificate (or order) (translated to English if it is in foreign language)
2. An application will be filed to the Court and the applicant will be required to attend the Court hearing assisted by your divorce lawyer (this can be done virtually via ZOOM hearing/online subject to the Court’s discretion and direction). The Court shall grant an order accordingly.
3. Once the overseas divorce is legally recognized by the Court in Malaysia, you can proceed to update the JPN with the Court order provided by the Court (this is usually assisted by your divorce lawyer).
FAQs: Registering Foreign Divorce in Malaysia
Q1: I am Malaysian and married overseas. Can I register my divorce in Malaysia?
Yes. A recent High Court decision confirms you can register your overseas divorce in Malaysia even if the marriage is registered overseas if at least one spouse is Malaysian and living in Malaysia. This applies to foreigners who want to register foreign obtained divorce in Malaysia.
Q2: Do I need to divorce again in Malaysia if I already divorced overseas?
No. You can apply to the Court in Malaysia to register the overseas divorce under Malaysian law without repeating the process. This process is akin to get the Court to recognise foreign divorce in Malaysia and give a declaration order.
Q3: Will my overseas divorce be automatically recognised in Malaysia?
Not automatically. You will need to apply to the Malaysian court to get the foreign divorce recognised in Malaysia.
Q4: Can this apply if my spouse is not Malaysian?
Yes. Only one party to the divorce (husband or wife) is needed to start this application.
Q5: Do I need a lawyer to do this?
Not recommended due to the complexity of the court process and legal documents that must be prepared and submitted.
Summary
Remember that you should get legal assistance first from a divorce lawyer to obtain a declaration order from the Court instead of heading to the JPN directly as the JPN is only obligated to register the overseas divorce only after the Court recognizes the divorce obtained overseas.
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