Malaysians married in Malaysia but working in Hong Kong

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asked on May 3, 2017 at 06:29
edited on May 8, 2017 at 06:42
I need help for joint petition issues. My clients are both Malaysians working in Shenzhen & HK staying separately for 3 years now. They still own a house jointly in Kuala Lumpur. But they also stay separately if they are back to Malaysia. The joint petition requests are straight forward and they have both agreed to it.

The question is domicile:-

S.48 provides that they must both be domiciled in Malaysia when the petition is presented. They are both willing to attend the court in KL. But they would need to sign the petition and affidavits in HK. Will this cause the court to question about their domicile? As per S.2 of LRA, it states that so long as the petitioners are Malaysian citizen, they are considered domiciled in Malaysia. 
(i.e: Pendaftar: If you say they are Malaysian, why does the petition and affidavits were affirmed by the consulate in HK?")

The next question is:-

Should I state their current address in HK and Shenzhen in Petition? as both of them are working overseas, they still come back to Malaysia like how Malaysian works in Singapore. (Meaning I would have to state 4 different addresses in the petition?)

I do not want to cause any unwanted delay if court doubts their domicile. I have not seen any case law relying on S.2's definition at the moment.

I know if I don't mention them working overseas and if they are willing to come back to sign before a commissioner for oath in Malaysia then it will not create any doubts on them.

Any ideas? Thank you!
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1 Answers

answered on May 3, 2017 at 22:17
The question of Domicile does arise in a Mutual Petition.

As there is a property in question, it is better for them to come back to sign before a local CoA and file a JC. Affidavits affirmed overseas is not recognized legally. It may be the ex spouse who may change mind down the road and challenge the divorce due to "forced to" agree to the divorce due to pressure from the other party.
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