A Guide to Registering Foreign (Overseas) Divorce Orders in Malaysia

This article explores the process of registering foreign divorce orders in Malaysia, emphasizing the requirement for a declaration order from the Malaysian High Court to validate the foreign decree. Once obtained, this declaration order is submitted to the National Registration Department, facilitating the official recognition and registration of the foreign divorce or annulment order in Malaysia.

If you were divorced overseas, you will need to register your divorce with the National Registration Department in Malaysia.

Where a marriage is solemnized in Malaysia but a foreign divorce or annulment order was obtained overseas from a court of competent jurisdiction, Section 107(3) of the Law Reform (Marriage & Divorce) Act 1976 allows either party to the marriage may apply for the divorce or annulment to be registered in Malaysia by the National Registration Department (a.k.a. “JPN”).

Before JPN can register the foreign divorce or annulment order, a declaration order must first be obtained from the Malaysian High Court in order to give the foreign order validity here in Malaysia. This process is also known as resealing a foreign divorce order.

Once the declaration order is obtained, a copy of the Declaration Order will be provided to JPN in support of an application to the Registrar General of Marriage to update the divorce status in the marriage and divorce register.

After the divorce is successfully registered, JPN will issue a letter confirming the same.

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Brief overview of the process.

Procedure

An application is made to the High Court in the form of an Ex-Parte Originating Summons and Affidavit in Support.
After filing of the application, if all documents are in order, a hearing date will be fixed by court. The hearing date is usually within 1 - 2 months from the filing date.
At the hearing date, if the court is satisfied with the validity of the foreign divorce order, a declaration order will be given.
A fair copy of the divorce order is obtained from court and forwarded to JPN in support of an application to register the foreign marriage.
The Registrar General of Marriage updates the divorce on the register and issues a letter confirming the same.

Documents required

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