Malaysia-Divorce

Family Law Week reports that Mr. Justice Mostyn refused to recognise a decree of divorce granted in Malaysia, on the grounds that it had been granted on the basis of a “knowingly false” petition.

The case involved parties who married in Singapore in 2001. They separated in 2010, at which time they were living in London.

Later that year, the wife raised divorce proceedings at Clerkenwell and Shoreditch County Court, citing her husband’s conduct as the reason. The petition was rejected because the allegations made by her regarding her husband’s conduct were insufficient to establish grounds for divorce.

In November, 2013, the wife e-mailed her husband’s solicitor in Malaysia, asking for an address to which divorce papers could be served. An exchange of e-mails followed, but the husband’s address was not disclosed to her. She eventually filed an amended petition for divorce on 30th January, 2014.

In January 2014, the husband’s solicitor in Malaysia sent an e-mail to the wife, requesting that she provide her home UK address so that an official letter could be sent to her. The wife did not reply to the email and her husband subsequently applied to the Malaysian court for a divorce the next day – a divorce which was granted on 1 April.

In the papers supporting his application, the husband falsely stated that there were no overseas proceedings relating to the marriage, and neither did he inform the Malaysian court of the exchange of e-mails between his solicitor and his wife.

At his request, the Malaysian court agreed to waive the normal waiting period between the granting of decree nisi and decree absolute.

The wife, who was completely unaware of the existence of the Malaysian proceedings, continued with divorce proceedings in England and on 1 September 2014, the decree nisi was duly pronounced. In the meantime however, her husband had sent her a copy of the Malaysian divorce decree by e-mail. She informed the County Court of this after decree nisi was pronounced, whereupon the case was transferred to the Central Family Court for further consideration.

Since the wife had not been given any notice of the divorce proceedings taking place in Malaysia, much less contest them, Mr. Justice Mostyn criticised the conduct of both the husband and his solicitor in Malaysia, saying that in his opinion, both had been guilty of “sharp practice” and had filed a petition which was “knowingly false”.

Although he recognised that it was unsatisfactory for there to be two different divorce decrees in different jurisdictions regarding the same marriage, he refused to recognise the Malaysian decree and authorised the wife to make absolute the decree nisi granted in England.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

Henry listened carefully to my circumstances, offered practical solutions, and explained the steps I need to take in a way that was easy to understand. His approach was genuinely helpful and empathetic, making a challenging time much easier to navigate.

Jul 2024   Tracy Henin

They were quick to respond and organise a consultation regarding my divorce proceedings. Henry was very knowledable and personable and the advice given really gave me the clarity I needed in an uncertain situation.

Jul 2024   Rebecca Lowe

My initial free consultation with Natasha Slabas was just over an hour and very informative. Natasha helped me understand the situation and the next steps involved. I would definitely proceed with Brookman Solicitors in the future if required. They were very quick to book the initial consultation and very professional.

Jul 2024   Rajan Marwaha

Had an initial free talk with them. I was impressed with their honesty and understanding of the situation.

Jun 2024   Dianne Wilkins

I had a 30-minute consultation with Samantha Jago where she clearly explained all my options and followed up with a detailed email of notes. I would highly recommend if you need help to clarify where you stand and getting options for how you move forward.

Jun 2024   Katherine Davey

I recently had a one hour pro bono consultation with Samantha Jago. I was really blown away by how much she was able to digest in such a short period of time and even more so by the report which I received shortly after.

Apr 2024   S DF

I had applied for a free consultation and I was contacted in a very short timeframe. Thank you so much for the insightful and thorough consultation, Kevin Danagher. You made me feel at ease and you provided clear expectations with the initial info I had provided... I have now a much better understanding on my query.

Feb 2024   Sonia Accardi

We had a very useful first consultation with Amber Matheson today. Amber took the time to understand our (somewhat complicated) set-up, and offered good, understandable advice on next steps. She followed up with a very thorough email clarifying what we had discussed. Highly recommended.

Feb 2024   Lucie

Lovely friendly experience. All questions were answered so that I understood completely.

Dec 2023   Ali Catlin

Very balanced, fair and pragmatic advice. Thoroughly recommend!!

Nov 2023   James Elliott

Henry graciously provided his time for a consultation. I found him to be highly knowledgeable, empathetic and he provided excellent advice which put my mind at ease. Would highly recommend Henry and his firm.

Oct 2023   Allan Ang

Henry Brookman went above and beyond during the free consultation, and even overran the allocated time. He provided invaluable professional advice in a courteous manner. I recommend his firm without reservation.

Sep 2023   Mario Ignatov

I only had my initial free review with Amelia yet I already feel much more strengthened in my legal and financial position. I am currently reflecting on the steps I want to take to negotiate my desired outcome of the financial settlement but, when I am ready to use the services of a lawyer, Amelia is definitely the top on my list.

Sep 2023   Nahid Toubia

I had a zoom consultation with Lauren Moir and she was incredible. Very patient, insightful and reassuring. She also advised me based on my previous conversations with another firm and also clarified various positions I am in. Highly recommend.

Aug 2023   Gary Hawes

I was very impressed with the friendly, helpful and professional service offered by Brookman Solicitors. The generous advice and knowledge offered during the initial free consultation has enabled us to have a much better understanding of our case and plan a way forward.

Jul 2023   Peter Jackson

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470