Husband and wife registered their marriage in Malaysia. They both subsequently migrated to overseas and obtained overseas Permanent Resident Visas.

Nonetheless, their marriage is unable to be sustained but they are unsure of whether divorce proceeding shall applied in Malaysia or overseas.


Pursuant to section 48 of Law Reform (Marriage and Divorce) Act 1976, the domicile of the parties to the marriage at the time of the presentation of the divorce petition must be in Malaysia.

Not withstanding the above mentioned section 48, recent case law seems to suggest that divorce proceeding may be carried outside Malaysia in the event foreign courts seize jurisdiction over the said matter.

As such, it is advisable that the couple should proceed to file their divorce petition in Malaysia as the decree nisi has to be registered in Jabatan Pendaftaran Negara.

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