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.
Although Thailand has been a long-standing signatory to the Hague Convention on Civil Aspects of International Child Abduction,no domestic law in Thailand existed until 2012 to afford for the direct enforcement of rights pursuant to the Convention. Cases of international child abduction in Thailand were still resolved by the Thailand judiciary. However, such cases were considered under other applicable laws such as the Thailand Family Code.
In 2012, with the enactment of the Thailand Abduction Act, aggrieved parents and relevant government officials now have a more direct method to resolve international child abduction cases in Thailand.