Petition Declaration

A Petition Declaration is a legal process where one party applies to the High Court of Malaya to formally recognize a foreign divorce or annulment. It is required before updating your marital status with the National Registration Department (JPN).

If your marriage was registered in Malaysia, the JPN will not recognize a foreign divorce unless the Malaysian court declares it valid. Without this, your marital status remains “married” in local records.

No. You must first obtain a court declaration and update your status at JPN. Failing to do so may result in your second marriage being considered void or illegal under Malaysian law.

Any party to the marriage can file the application — whether they are Malaysian citizens or foreigners — as long as the marriage was registered in Malaysia or the person has sufficient connection to Malaysia.

You typically need:

• Malaysian marriage certificate

• Foreign divorce/annulment decree

• Identification documents (NRIC/passport)

• English or Malay translations (if the foreign decree is in another language)

• Supporting affidavit

No. The application can be made unilaterally by one party. It is usually filed as an Ex-Parte application, meaning the other party need not be involved unless the court requires further clarification.

The application must be made at the High Court of Malaya, either in Kuala Lumpur or any other division depending on the applicant’s place of residence or marriage registration.

On average, it takes 2 to 3 months, depending on court availability, the completeness of documents, and whether any objections or clarifications arise.

No. This process applies to non-Muslims only. If your marriage was governed by Islamic law, the matter falls under the jurisdiction of the Syariah Courts, and different rules apply.

Absolutely. We handle everything from drafting the petition and affidavits, filing in court, attending hearings, and liaising with JPN to update your marital records.