How to Register a Divorce Obtained in Singapore as a Malaysian
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?
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.
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 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. The whole process will typically take around less than 3 months.
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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