MARRIAGE IN MALAYSIA

Disclaimer: The following information relating to marriage requirements of specific foreign countries is provided for general information only and may not be accurate in a particular case. Questions involving interpretations of specific foreign laws should be addressed to foreign attorneys or foreign government officials.

The office of the Malaysian Registrar-General of Marriages has provided the following information regarding Non-Muslim civil marriage procedures in Malaysia. There is no difference in requirements or procedures for U.S. citizens who are a) tourists, b) residents of Malaysia, or c) U.S. citizens marrying non-muslim Malaysian citizens.

1. What documents is required of U.S. citizens wishing to marry in Malaysia?

a. passports accompanied with a photocopy of the data page and date of latest entry page into Malaysia.

b. one colored Malaysian passport size photograph.

c. application form "Borang JPN KCO1" for normal or special marriage.

d. affidavit of marital status.

e. application form "Borang G" for marriages performed by parish or temple priests.

These forms are available at the office of the registrar of marriages. If previous marriages were terminated by divorce, both parties must submit original or certified copy of final or absolute divorce decree. If terminated by death of a spouse, submit original or certified copy of the death and marriage certificates.

Additional requirements for certain age groups:

Over 18 & under 21 (males and females):

A parent (preferably father) or if the father is dead, the mother, or if both parents are deceased, the legal guardian having custody must complete consent form "Borang JPN KCO5E" which is obtainable locally or from Malaysian Diplomatic Missions in the U.S. Proof of guardianship must be produced, i.e.; birth certificate of applicant or guardian's custodial document. The consent form must accompany one of the application forms in para 1 (a) and signed in the presence of a Registrar of Marriages at a Malaysian Diplomatic Mission or the National Registration Department.

Over 16 and under 18 (female only):

A parent (preferably father) or if the father is dead, the mother, or if both parents are deceased, the legal guardian must be physically present in Malaysia to apply for a Special License in form "Borang JPN KC05C" which is obtainable only from the Registrar of Marriages. Proof of guardianship must be produced, i.e.; birth certificate of applicant or guardian's custodial document. The Special License must accompany one of the application forms in para 1 (a).

2. Is there a required waiting period between the date of application for a marriage license and date of marriage?

Yes, there are two categories:

Normal civil marriage:

U.S. citizens must be physically present in Malaysia for at least seven days. They may submit their application for marriage on the eighth day at the office of the registrar of marriages. This is followed by a waiting period of twenty-one days before the marriage can be solemnized. U.S. citizens must bring along their passports and two witnesses to sign the registry. The fee for solemnizing the marriage is RM30.00 paid in cash. No license is required.

Special license/marriage:

Seven days physical presence is not required but both parties must be present. The application must be submitted only at the office of the Registrar of Marriages with form "Borang JPN KCO1." When form "Borang JPN KCO1" is approved by the registrar's office, a charge of cash RM$100 is collected. The marriage will then be solemnized within seven days from the date of application. U.S. citizens must bring along their passports and two witnesses to sign the registry. The fee for solemnizing the marriage is RM$20.00 paid in cash.

3. Who can perform marriages in Malaysia?

The Registrar of Marriages of the National Registration Department; Parish or temple priests who are designated as Assistant Registrars by the Registrar-General of Marriages.

4. Can two U.S. citizens travel to Malaysia as tourists for the express purpose of marrying there?

Yes, if they are able to fulfill the requirements. Interested parties must register their marriage with the respective Registrar's office based on their current location.

5. Is there an address where interested U.S. citizens can write for additional information?

The Registrar of Marriages, Malaysia National Registration Department 46551 Petaling Jaya Selangor Darul Enhsan Malaysia Tel. No: (03) 7955-1255 - Marriage Department, Fax. No: (03) 7955-1608. Kuala Lumpur Office: (03) 2692-5018

6. Can U.S. citizens get translations of marriage certificates at the Embassy?

Translation services are not available at the Embassy. Official translation services can be obtained from the local High courts for a minimal fee.

7. Are there any medical requirements? No.

8. Brief description of marriage ceremony.

The couple must be suitably attired. The Registrar will ask the couple if they are marrying of their own free will and if there are any objections to the marriage. The couple taking their marriage vows follows this. The newlyweds and witnesses will then sign the register. The Registrar will sign the register and deliver a copy to each of the party to the marriage.

9. Cost of marriage license?

Fees: Normal civil marriage: Cash of RM$30.00 at time of marriage ceremony. Special license/marriage: Cash of RM$100 paid at time of application and of RM$20.00 at marriage ceremony.

10. Any additional information interested U.S. citizens should know before traveling?

The above information provided relates to non-muslim marriages. Under the Malaysian constitution, each of the 14 States of Malaysia has its own individual religious council, which governs muslim marriages. Therefore, muslim marriage laws may vary from state to state. In general, a non-muslim marrying a muslim is required to convert to Islam before marriage.

It is suggested U.S. citizens planning to marry under muslim law contact a Malaysian diplomatic mission abroad or the Chief Kadi's office (religious official) in the Malaysian state where marriage is contemplated for information on specific marriage requirements.

Local laws in Malaysia require the American person to submit a notarized statement concerning their marital status before a marriage is registered in Malaysia. This statement can be notarized at the Embassy for a fee of US$30 or RM114 and payment is cash only. Office Hours: 8:15 to 11:00am and 2:00 until 3:30pm from Monday through Friday, except for American and Malaysian public holidays.

American Embassy
376 Jalan Tun Razak,
P.O. Box l0035 50700
Kuala Lumpur Malaysia
Tel. No.: (03) 2168-5000
Fax. No.: (03) 2148-5801

AFTER THE MARRIAGE, THE US CITIZEN MAY PETITION THE MALAYSIAN SPOUSE FOR A K3 MARRIAGE VISA.

ALTERNATIVE TO MARRIAGE ABROAD:

Instead of the above procedures, it is possible to file a fiancee visa petition for an alien to enter the United States as the fiancee of an American citizen. Thus, enabling the parties to marry in the United States. Note that this is only possible if you have previously physically met your fiancee. K1 Fiancee Visa.

To consult a K3 marriage visa attorney, please call us at (626) 279-5341 or e-mail us at info@bccvisalaw.com. An attorney in our office would be happy to assist you.