How to Register a Divorce Obtained in Singapore as a Malaysian
Overview on Registration of Singapore Divorce in Malaysia
If you obtained a divorce in Singapore, it must be recognised by the Malaysian High Court before updating the marriage and divorce registry at JPN. Your lawyer will submit the application, attend the court hearing, and obtain a declaration order confirming recognition under Malaysian law. This ensures your divorce is valid in Malaysia.
How to Register a Divorce Obtained in Singapore as a Malaysian
This is one of the most common questions we get from Malaysians residing in Singapore (or used to live in Singapore). This article is intended for Malaysians who previously registered their marriage under the law in Malaysia (civil marriage with valid marriage certificate under the Law Reform (Marriage & Divorce) Act 1976) and eventually got divorced in Singapore. So, how to register a divorce obtained in Singapore as a Malaysian?
Application for Declaration Order
If you are a Malaysian and you are already divorced under the law of Singapore, there is one last step that you need to take legally. Even though you are legally divorced under the law of Singapore, your marital status remained ‘Married’ under the law of Malaysia. Hence, it is crucial for you to register the said foreign divorce (from Singapore) in Malaysia. In short, you need to apply to the Court to recognise the divorce obtained in Singapore by granting a declaration order pursuant to Section 107(3) of the Law Reform (Marriage and Divorce) Act 1976.
Court Process & Update of Marital Status
- Firstly, this process must start with an application to the High Court in Malaysia where your divorce lawyer will have to apply on your behalf to get the High Court to recognise the divorce obtained in Singapore. At this point, it is important to submit divorce certificate obtained from Singapore and other relevant documents for the perusal of the High Court.
- Subsequently, there shall be a court hearing in which a date will be fixed by the High Court for the applicant to attend the court (together with your divorce lawyer). Do take note that this application will only require either one party to apply (either the ex-wife or ex-husband).
- Practically, your divorce lawyer will facilitate with the whole legal process in the High Court and your presence is important to ensure that the High Court will be allowed to determine the rightful applicant as well as to ensure that the legal documents submitted are valid and authentic.
- Once the High Court is satisfied with the application and granted the application accordingly, a court order (declaration order) will be provided stating the divorce obtained in Singapore shall be recognised under the law of Malaysia.
- Finally, the court order will be the final document required to be submitted to the Jabatan Pendaftaran Negara (JPN) in order for the JPN officer to update the marriage and divorce registry accordingly. It is important to note that you cannot take your foreign divorce certificate and submit to the JPN directly as they do not have the power to update the marriage and divorce registry without first getting the High Court to recognise the foreign divorce. You may read here to find out more about foreign divorce status update with the JPN. The whole process will typically take around less than 3 months.
Frequently Asked Questions About Registering Singapore Divorce in Malaysia
Q1: Can a Malaysian register a Singapore divorce in Malaysia?
Yes. If you are Malaysian and have obtained a divorce in Singapore, you can apply to register it in Malaysia so it is officially recognised here.
Q2: Do I need to divorce again in Malaysia if I divorced in Singapore?
No. You only need to follow the process to register the Singapore divorce under Malaysian law.
Q3: What documents do I need to register a Singapore divorce in Malaysia?
You generally need:
- The original or certified copy of the Singapore divorce order (Certificate of Making Decree Nisi Absolute)
- Marriage certificate from Malaysia & Singapore
Q4: Does my ex-spouse need to be present in Malaysia for the Court application?
No. Only the applicant (ex-husband or ex-wife) is required to be present for the court hearing. Court hearing may be conducted online.
Q5: Should I hire a lawyer to register my Singapore divorce in Malaysia?
Yes, as the process involves complex legal documents, and ensuring your documents meet Malaysian legal requirements.
Key Takeaways
- High Court Approval Required – A Singapore divorce must be recognised by the Malaysian High Court before it is valid in Malaysia.
- Single Party Can Apply – Only one spouse needs to apply, with a lawyer submitting documents and attending the court hearing.
- JPN Registration – Once the High Court issues the declaration order, submit it to JPN to officially update Malaysia’s marriage and divorce registry.
In fact, if you are already divorced under the law of any other country other than Singapore, the same process shall apply and there is a need for you to declare your divorce status with JPN and to get the High Court to recognise the foreign divorce first as mentioned. Otherwise, you may be considered legally married still under the law in Malaysia. That is why it is best to get advice and legal assistance from a divorce lawyer to ensure that the whole process can be carried out appropriately and legally.
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