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Malaysian to divorce with foreign spouse

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asked on Sep 8, 2017 at 00:50
by   Arianantonio
edited on Oct 3, 2017 at 05:02
 
I'm a Malaysian, married to an Indonesian wife. Marriage registered in December 2015. No children, wife has had a surgery to avoid pregnancy before marriage.

I've been living with her for the past years, only to come back from work on daily basis quarreling and being accused adultery. I've reached to a boiling point that I don't want to continue in this relationship, and wanted to opt for divorce.

Her visa due expiring soon, I will not renew her visa.

Can anyone advice me on the proper procedure for divorce?

It has also reach to a point that she harasses my parents, can I communicate with Immigration Department to revoke her visa, and ask her to leave Malaysia?
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7 Answers

answered on Sep 8, 2017 at 04:11
by   jeff005
edited Oct 3, 2017 at 05:08
 
Think ten times before you act.

I'm a Malaysian, married to an Indonesian wife. Marriage registered in December 2015

Questions:
1. What are your religions?
2. Married in Malaysian and/or Indonesia?
3. Has the Marriage been registered with the respective Embassies of both countries?

only to come back from work on daily basis quarreling and being accused adultery.
Bring her to work and help you. What happened to the "sparkling" eyes during marriage? Were you not wearing specs at that time?

Can anyone advice me on the proper procedure for divorce?
Divorce is same as local marriages. Go Jabatan Pendaftaran Negara website, the process is there.

Her visa due expiring soon, I will not renew her visa.
What type of "visa"? The validity period and when is it expiring?

can I communicate with Immigration Department to revoke her visa
Just do not renew will do. A husband cannot revoke a spouse visa under normal circumstances. Anyway, she can come back to file for divorce on Cruelty Treatment by husband using tourist visa and some special pass extension for the purpose of attending court divorce proceedings.

and ask her to leave Malaysia?
Why need to leave Malaysia? She can stay back and find another man.
You are committing a crime for chasing your foreign wife out of Malaysia. That is against Family Laws. Anyway she can own 50% of all your assets (car and house) during divorce.. Legally, the court may order you to sell the house you are living in and the car you are driving to pay her for the divorce in one lump sum (including her living expenses and part of your current income) so that she can leave Malaysia.

Boy.. careful and think 100x before you undertake such a dangerous move. If she runs back to her country now suddenly, she may be still single status there and can re-marry, but you? You cannot re-marry for at least 3-5 years and to make yourself single again, go spend tons of moneys to pay lawyers. (that is if you fall in love again and the lady wants a marriage certificate).

she harasses my parents
With concrete proof, go make a Police report then apply for Judicial Separation.  Later apply for divorce even if she runs back to her country and does not want to come back for the divorce. This would save you tons of moneys. Judicial Separation is the only way to ask her to vacate from the Marital Home.
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answered on Sep 8, 2017 at 04:42
by   jeff005
For further info go read here

https://www.lawyerment.com/answers/questions/12293/my-foreign-wife-wants-to-divorce
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answered on Sep 8, 2017 at 14:14
by   Arianantonio
edited Oct 3, 2017 at 05:10
 
Hi Jeff005,

Thanks for your reply.

Questions:
1. What are your religions? 
Christians.

2. Married in Malaysian and/or Indonesia?
Malaysia. 

3. Have the Marriage been registered with the respective Embassies of both countries?
The marriage was not registered with any of the embassy. We registered in JPN and Immigration Department, that's about it.

Dear jeff005,

I've also read your other posting that you recommended.

Any lawyer that you may want to recommend in Sabah?
I just want to go through with the divorce. Have gave it a good thought.
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answered on Sep 8, 2017 at 15:24
by   jeff005
edited Oct 3, 2017 at 05:12
 
The marriage was not registered with any of the embassy. We registered in JPN and Immigration Department, that's about it.
Chances is that she is still "single" in her own country whereas you are not. Calm down and think rationally. Divorce with foreign wives is not that easy. They are protected by laws of both countries which can diff slightly. For MAN..  Law of the Jungle applies..

I have no good lawyers friends in Sabah. I have always in arguments with local lawyers (if any). For your case, it would be better you do not  file for divorce. Pyscho her to initiate filing for divorce. We, MEN,  are born-losers in Divorce proceedings.
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answered on Sep 9, 2017 at 01:36
by   Arianantonio
edited Oct 3, 2017 at 05:12
 
Jeff005, 

First of all, thanks for the reply.. 
Will consider your advice.

Cheers mate.
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answered on Sep 17, 2018 at 09:58
by   Marry
edited Sep 28, 2018 at 03:16
 
I'm a Malaysian lady married to an African guy in Malaysia.  How can I proceed to divorce him?
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answered on Sep 17, 2018 at 12:17
by   jeff005
edited Sep 28, 2018 at 03:16
 
I'm a Malaysian lady married to an African guy in Malaysia.
Married under Civil Marriages or Islamic Shariah Marriages?

Go get a lawyer and apply to the High Court Malaya to divorce him for non-Muslim marriages. Careful.. he can claim from you alimony and part of your local assets too including your future earnings (if any).
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