Issues with jurisdiction in international divorce have been highlighted in a Malaysian divorce proceeding between a former beauty queen and her estranged tycoon husband. The case has been delayed following a Court of Appeal directing the High Court to decide whether the case should be heard in England or Malaysia reports The Malaysian Insider.
The husband is a Malaysian citizen and the bulk of his property is in Malaysia, however the wife stands to be better off financially if the divorce proceeds under English law as she would be entitled to half of his assets.
Divorce proceedings have been issued in courts in Malaysia and England already. A new High Court judge will rehear the issues of jurisdiction and domicile in a trial and decide which jurisdiction the divorce will proceed through.
The Malaysian insider reported that in the previous hearing, a British judge was reported as saying that the expensive lengthy divorce battle between Khoo and Pauline Chai Siew Phin had gone “out of control” and was clogging up the courts there.
“There are too many dispute of facts which should be heard and decided after a trial,” Judge Datuk David Wong Dak Wah said when delivering the ruling of the court.
Read the full story here.
Prenuptial Agreements: US Law, Thailand Law and EU Law Compared
International Prenuptial Agreements: Conflicts of Law in the United States
Choice of Law in Contract and Thai Private International Law: A Comparative Study