4 Things Malaysians need to know before marrying overseas
Not published yet ago Sheng WeiIf you met a French person overseas and decided to come back to Malaysia to stay, how do you ensure that your loved ones stay with you? Is it possible to have him stay in Malaysia?
The answer is yes, but there are different durations which the constitution requires for either the man or woman to be considered as a Malaysian citizen.
But, there are further questions you need answers to: How can you get citizenship for yourself or your spouse in Malaysia? What are the different aspects that you need to consider as a Muslim or a non-Muslim? Would your marriage be legally recognized in Malaysia if you married your Scottish wife in the United Kingdom?
Here are 5 things you need to know before marrying a person overseas.
1. The wife will follow the husband’s place of permanent residence
For better or for worse, the law requires the wife to follow the husband’s permanent residency.
If a Malaysian wife intends to stay in Malaysia ‘forever’ after marriage with her husband, her place of permanent residence is still dependent upon the intention of her husband.
This is what it means: If your husband is has a place of permanent residency in the United Kingdom and he intends to stay there, you as a Malaysian wife, would in law be deemed to be a permanent resident in the United Kingdom, and not in Malaysia.
However, in law, this would be different for the husband. Since the wife’s place of permanent residence depends on the husband’s, as long as the husband remain his place of permanent residence in Malaysia, the law will deem both husband and wife to have a place of permanent residence in Malaysia.
Image from Irish Times
2. Your place of permanent residence affects whether you can file for divorce in Malaysia
The reason it is important to pinpoint your place of permanent residence is because it can affect the possibility of you filing a divorce in Malaysia.
If a Malaysian wife want to seek a divorce in Malaysia and her husband’s place of permanent residence is not Malaysia, the wife cannot ask for a divorce in Malaysia. The wife’s place of permanent residence will depend on her husband.
However, in Malaysia, we have an exception to this rule. It is provided in Section 49(b) of the Law Reform Marriage and Divorce Act (‘LRA’). You can click on this link if you want the Malay version of the LRA. The exception is this: If the wife is a resident in Malaysia and has been staying in Malaysia for two years, the Malaysian court can grant the divorce although the wife is does not have a place of permanent residence in Malaysia.
Hence, if the Malaysian wife do not want to run the risk of waiting for 2 years before being able to petition for a divorce, the Malaysian wife needs to be mindful of her place of permanent residence.
Image from in sights-and-culture.com
3. Understand the requirements for solemnization of marrriage overseas (non-Muslims)
Solemnization refers to the performance of the marriage ceremony. This is important because the marriage has to be solemnized for it to be legally recognized in Malaysia.
If the marriage is properly solemnized, it would likely be a valid marriage.
The general rule for solemnization is that the notice of the civil marriage has to be filed 21 days before the date of solemnization. This means that you need to file the notice 21 days before your marriage ceremony.
This requirement is clearly laid out in Section 26(1) of the LRA, where the appointed registrar has to be satisfied that the couple have fulfilled the requirements.
Besides the procedural rule above, both parties have to be citizens of Malaysia.
Furthermore, the marriage must be valid in the country of both parties. This can be seen in Section 26(1)(c) of the LRA.
Here’s Section 26(1)(c) of the LRA in verbatim:
To further illustrate the above subsection, if a Malaysian Chinese guy marries a Scottish woman, both parties need to ensure that the ceremony was done lawfully according to Malaysia’s law and Scotland’s law.
If they fail to comply with the solemnization requirements, they would have committed a criminal offence in Malaysia. This is provided in Section 41 of the LRA. If you are found guilty, you will be liable imprisonment for a term not exceeding 3 years or get a fine not exceeding RM5000.
Therefore, remember to do your due diligence and comply with the requirements! It’s definitely worthwhile since you get to be with the one you love.
Image from islam.ru
4. Understand the requirements for solemnization (Muslims)
The general idea is that Muslims couples must marry abroad in accordance Islamic Laws, which are applied according to each state.
To illustrate this point, the law applicable in Kuala Lumpur, Putrajaya and Labuan will be used.
It is often the case that the state laws are similar. Hence, the requirements explained below should apply to all in Malaysia generally as well.
Let’s dive in.
For solemnization of marriages, the requirements and procedures are stated in Section 24 of Islamic Family Law (Federal Territory) Act 1984 (IFL). These marriages are recognized under Section 109(1) of IFL to be valid.
Here are the requirements.
First, it must be solemnized in accordance with Hukum Syarak by the Registrar at the Malaysia Embassy, High Commission or Consulate in any country.
Next, based on Section 24(2), the parties to the marriage needs to be residents of the Federal Territory, the marriage is done in accordance to the Hukum Syarak and the IFL, and the marriage needs to be regarded as valid in the place where both parties are resident at.
Finally, based on Section 31(1), you must appear before the nearest Registrar of Muslim Marriages, Divorces and Ruju’ abroad (if you plan to remain in the foreign country) to register the marriage within 6 months after the date of marriage.
However, if you return to Malaysia from a foreign country (after your marriage), Section 31(2) requires you to appear before any Registrar in the Federal Territory with a certificate of marriage, furnishing information as required by the Registrar.
If the requirements are not complied with, you have committed a criminal offence. This can be seen in Section 35 of the IFL, where a person who fails to register with the Registrar within the stipulated time commits an offence.
It's going to be hard, but it's worth it…
If you are in love with your Scottish wife, and you love Malaysia as well, going through the hassle would be well worth it.
I hope this article gave you a general idea of what to take note of if you want to marry overseas.
A valid marriage would mean that the wife can claim upon filing a claim for divorce. Furthermore, you avoid the possibility of getting criminal liability.
But do note that these rules only apply if you are domiciled in Malaysia. If you are domiciled elsewhere and you are not in Malaysia, you need to read up on the laws of that country.
