Cross-border marriage: Many separate when spouse returns to home country – Lawyer

SHAH ALAM – Many Malaysians are forced to make the difficult decision to divorce when their foreign spouses return to their home countries.

Shariah Lawyers Association Secretary-General Suriani Awaludin said that marriages with foreign nationals come with risks, as they involve numerous procedures to comply with.

Additionally, some individuals used such marriages as a shortcut to gaining privileges while in Malaysia.

“In my experience, the most common cases involve marriages with Indonesians, followed by Malaysian women marrying Pakistanis and Malaysian men marrying Thai nationals.

“From what I have observed, many of these marriages do not last because the foreign spouses return to their home countries and never come back. Usually, the issue is their long-term stay in Malaysia, as they constantly need to renew their visas,” she said.

She added that documentation issues were typically faced by foreign men who married Malaysian women, whereas foreign women who married Malaysian men generally find it easier to obtain legal recognition in Malaysia.

Additionally, many Malaysian women fall victim to syndicate marriages.

“In the case of Pakistani nationals, they often have their own methods, which is why some of them use unauthorised imams who are not recognised by our government.

“This leads to problems when Malaysian women marry through unverified means or syndicates.

“When this happens, the marriage cannot be legally recognised, and if issues such as infidelity, financial support, or other disputes arise, we cannot take legal action,” she said.

However, she acknowledged that awareness of the importance of registering marriages with foreign nationals had increased.

Suriani also advised Malaysians planning to marry foreigners to verify their partner’s status, especially regarding legal entry into Malaysia and any potential legal issues.

Secondly, they must ensure that all marriage requirements and conditions were fulfilled.

“Additionally, if the marriage is conducted abroad, the couple should prepare complete documentation in accordance with the foreign country’s legal requirements.

“This ensures that when they return to Malaysia, there will be no issues with documentation and marriage registration.

“If the foreign spouse later applies for Malaysian citizenship, there will be no complications, as the marriage and its legal standing will be in compliance with the law. This provides them with a legitimate pathway to obtain citizenship,” she said.