Singapore the proper forum for Malaysian couple’s divorce, court rules

The Court of Appeal in Malaysia has ruled that Singapore is the appropriate venue for divorce proceedings of a Malaysian couple, prioritizing the best interests of their three children who have resided in Singapore since 2008. The wife, identified as ABC, and their three children, including a daughter with autism and hereditary angioedema, and a twin with dyslexia, have been living in Singapore since 2008.

The husband, referred to as XYZ, was previously ordered to pay RM45,000 in costs to the wife. However, he failed to properly serve divorce papers on his wife, who resides in Singapore. The wife initiated divorce proceedings in Singapore's Family Justice Court in August 2023, while the husband filed proceedings in Malaysia's High Court four months later.

He sought to serve the divorce papers to his wife via email, WhatsApp, registered post, and personal service, but the wife contested this method, leading to the High Court dismissing her application. The Court of Appeal found that the husband had not served the divorce papers correctly according to Singapore's procedural laws. Consequently, the Malaysian High Court lost jurisdiction over the wife's case, and the divorce will proceed in Singapore.