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Foreign husband wants to divorce Malaysian wife

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asked on Jan 23, 2021 at 13:38
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edited on Jul 24, 2021 at 12:02
 
I am first time asker few weeks watcher.

I’ve been married for 4 years and lived with my wife for that duration of time. 

I have come to a breaking point where I do not love her anymore and would like to seek a divorce.

1. We have no children 
2. Cars are in my name
3. Properties are in hers
4. I am on an LTSVP (Long Term Social Visit Pass) which is soon to expire
5. I am currently unemployed 

The reason I want to divorce is because I no longer am in love with her. 

The relationship has been very controlling in that I was not allowed to have friends, male or female, she tracks my location wherever I go, I am not allowed to go out by myself or get any alone time. 

I have not been able to build a social network outside of when I was working. After I no longer had a job I have lost all connection with those I used to be “friends” with. 

I have tried talking to her about this the past years of being married and although she has said multiple time that she will change, the change only lasts a few days.

I know she still cares for me and would likely contest the divorce.

What I mainly want to know. 

1. Should I file for divorce (single party petition) or convince her of a mutual? (as my visa is close to expiry)

2. I have no intention to return to my home country as I have nothing left to go back to there.

Is there any way to stay in Malaysia even for a few months or a year to get everything situated as I currently have no income and haven’t been able to seek work due to the MCO (Movement Control Order)?

3. Would I immediately get deported after the divorce or would my visa if extended stay valid?

4. If it remains valid and the visa would still be listed as spouse of a Malaysian would I be able to remarry within Malaysia? (To another person) or would I have to leave and come back?

5. Since I have no income and the vehicle loan is in my name what are my options?

There are a lot of other questions on my mind but these are the ones I could think of at the moment. 

I’ve gone through as much of the previous conversations as much as I could but the answers seemed to go both ways. 

Any help would be appreciated, even the harshest of opinion as I have seen delved out in this forum.
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4 Answers

answered on Jan 23, 2021 at 14:04
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edited Jul 24, 2021 at 12:06
 
I’ve gone through as much of the previous conversations as much as I could but the answers seemed to go both ways. 
Not enough... read backwards 4-6 years (mainly on all divorces with foreigner spouse).
It goes both ways because of executioner trolls who loves to challenge laws without law facts and if the lawsuit fails, they do not have any liability as they exists in shadow profiles here but clamor on the misery of others, perhaps, they themselves had a bad divorce before.

even the harshest of opinion as I have seen delved out
Those would be mainly from me based on law facts.

The reason I want to divorce is because I no longer am in love with her.
What happened to "sparkle of life" when you both marry. My ex-wife said that to me and to the counselors of a Marriage Tribunal.
Or that there is a "better woman" in the horizons?

she tracks my location wherever I go, I am not allowed to go out by myself or get any alone time.
This is a typical Malaysian family life (cultural based). When one is missing, the other gets "lonely", so just do things together "as one".

I will comment further after the 3 hours is up. I'm quite annoyed with Questioners editing the original contents asked whenever I give a "negative comment".

When I give negative comments, I do not get death threats but receive death curses instead. So, I shall be careful of what I write and based on original contents only..
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answered on Jan 23, 2021 at 14:41
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edited Jul 24, 2021 at 12:07
 
Was actually wanting to hear your opinion Jeff as you seem to have the most knowledge on the topic that I’ve seen so far on here. 

The “horizon” is endearing to say the least. 

I still don’t quite understand that super clingy “you can’t have any freedom” part of the culture here as most of the men I have met while living here seem to have a mistress or second wife and the wife doesn’t seem to care (or know?)

I can’t even try to “have a drink with the guys” during lunch without her interrupting every 20 minutes (this was during work) or wanting to invite herself.

Will have to look further back. Only made it to 2017.
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answered on Jan 25, 2021 at 06:50
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edited Jul 24, 2021 at 12:11
 
@Jvexx

Personal comments (non-legal):

1.  Divorce in reality is about costs (without children). You have stated that you are unemployed, so how are you going to pay to for the costs for the dissolution of the marriage? It is not cheap on the lawyers fees for divorces between local and foreigner spouse. I do have a current case (not in this forum) where the legal costs is in the region of RM50,000 (minimum) and the divorce costs (legal costs only) is doubled because the marriage is registered in two countries. The other country's laws requires local divorce in order to make him/her having "single status" in order to re-marry again. Some countries allow, some countries do not accept.

2.  If your thoughts is on the liquidation of the assets (2 cars and the property), think again, what is hers is hers, what is yours is hers. Also think again, what amount of compensation is she going to ask from you in the event of a contested divorce? What prices her virginity being given to you, her services to you for the past 4 years? Her lawyers will squeeze you bone and blood dry (minus the Covid-19, if any)..!!

3.  The property under her name, is it fully paid up or under loan and is your name inside via a guarantor status and whoever, under whose name the monthly installments (if any) is paid from (if via banking accounts).



The basic answers to your questions (1-5) above are:-
(1)  Any party can file for Single Petition or Mutual Petition after 2 years of marriage.

(2)  You have to leave Malaysia before your LTSVP (Long Term Social Visit Pass) expires. More so when after divorce is over. You may re-enter under a SVP of 30/90 days.

(3)  You no longer can work under a SVP.

(4)  Once the divorce is over and the dekri nisi cert (memo) is out after 3 months, in order to marry any current lover, the whole process of "Marriages between Locals and Foreigner Spouse" is repeated again.

(5)  Liquidate the cars if you cannot afford to pay for the cars installments. Most probably her lawyers would teach her to secure one of the "cars" as part settlement of the divorce plus a lumpsum (CASH) compensation for her living expenses in lieu of monthly alimony.
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answered on Jan 25, 2021 at 15:59
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edited Jul 24, 2021 at 12:16
 
One thing I wanted to know is, is there any way she could cancel my visa once it is issued or somehow force me to leave Malaysia?

One car is paid off, but only has a market value of RM2k. The other car, she is the guarantor on the loan. The houses and the loans for them are fully in her name no guarantor.

As for alimony, she has always made 2-4x my salary with bank statements to prove. My salary always went to paying the bills and hers she kept.

For virginity, she lost that long before meeting me. I was still in grade school when that happened.

As for international divorce, my country accepts the form of wherever you get it done then it’s official. 
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