Frequently Asked Questions About Malaysians Getting Divorced Overseas As Non Muslims
Divorce can be a difficult process and it can be even more challenging when it happens overseas. If you are a Malaysian non-Muslim who has gotten divorced overseas, it is important to understand the process for registering your foreign divorce decree/status in Malaysia. This will ensure that your divorce is legally recognized in Malaysia and that you are able to move on with your life.
Here are the 8 FAQs from Malaysians getting divorced overseas as non Muslims:
1. I am a Malaysian non-Muslim getting divorced overseas. What steps should I take once the divorce is finalized abroad?
After the overseas divorce, you should register your foreign divorce decree/status in Malaysia.
2. How do I register my foreign divorce decree/status in Malaysia?
You need to file an application for recognition of the foreign divorce with the High Court in Malaysia through a lawyer. This will involve providing relevant documents and information to your lawyer to prove the validity of the overseas divorce.
3. What documents are typically required for the recognition of an overseas divorce in Malaysia?
You will need to provide your foreign divorce decree, translated and notarized, your marriage certificate, and any other relevant documents.
4. Can I remarry in Malaysia after my overseas divorce is recognized?
Yes, once your foreign divorce is recognized in Malaysia and registered with the Jabatan Pendaftaran Negara (JPN), you are legally eligible to remarry in Malaysia.
5. What happens if my overseas divorce decree is not in English or Bahasa Malaysia?
You’ll need to have the divorce decree translated into English by an accredited translator and have the translation notarized by the embassy of Malaysia overseas (if you are overseas).
6. Does my ex-spouse need to be in Malaysia for this application?
No. Any party (either the wife or husband) can file this application in the High Court in Malaysia through a lawyer.
7. How long does it take for this application?
This application to the High Court in Malaysia may take less than 3 months for completion.
8. What is next after the application is allowed by the High Court in Malaysia?
You are required to update the status with the JPN and you will be able to remarry again legally.
The process for registering a foreign divorce decree in Malaysia can be complex, so it is important to seek legal advice from a lawyer who is familiar with divorce law in Malaysia. By following the steps outlined in this FAQ, you can ensure that your foreign divorce is recognized in Malaysia and that you are able to start the next chapter of your life.
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