Cross-Border Divorce

A cross-border divorce is one where the spouses come from different countries, live in different countries, or married overseas.

Under Section 48 of Act 164, a Malaysian court can grant a divorce where the parties are domiciled in Malaysia (Malaysia is their permanent home) when the petition is filed. Section 49 gives a wife extra grounds to file even if her husband is not domiciled or living in Malaysia.

Whether a divorce granted overseas is recognised here follows the general rules of private international law.

Why it matters: where you file affects which court decides and which law applies. Check that a Malaysian court can hear your case before you start.