Cross Boundary Marriage under Malaysian Family Law: Between a Dream of Life and Reality of Legal Requirements

Abstract

The cross boundary marriage is not a new phenomenon particularly marriages involving Malaysians and Indonesians. It is not to question on happiness, love and affection but most importantly to highlight the reality when disputes arise. In this paper we will be highlighting the surrounding issues not only on the legality of the marriage itself but also on the issue of jurisdiction of the court and the rights of Malaysian wife in custody and maintenance. The discussion will be focusing on the provisions contained in the main statutes governing marriage and divorce matters in Malaysia, i.e. the Islamic Family Law (Federal Territories) Act 1984 (Act 303) and the Law Reform (Marriage and Divorce) Act 1976 (Act 164). At the end, authors will post suggestions for betterment and benefits of parties who might be thinking to have a cross boundary marriage.