Marriage, Annulment & Divorce - Part One

Part 1 - The Marriage (non-Muslim)

In Malaysia, all non-Muslim marriages after 1982 must be registered. The Law Reform (Marriage & Divorce) Act 1976 ("Law Reform Act") took effect that year. Traditional Marriages which are not registered, is not deemed to be a Marriage under the Law Reform Act.

Under Section 9 of the Law Reform Act, all registration must be done before a Registrar. People under 21 years of age, who wish to get married, must obtain the relevant consent of their parents. Sections 14 to 16 of the Law Reform Act prescribes a method to give Notice of the impending marriage.

If there are no objections, the Registrar will issue a Certificate that the Registrar is satisfied that all is all right for a Marriage to be registered. Parties who wish to object may enter what is called a caveat under Section 19. The Registrar will hear the objections and decide accordingly on the veracity of that objection.

Sections 22 to 27 of the Law Reform Act lists the offices where one may register their marriage, including the Registrar of Marriage, Religious places (Church, temple etc) and/or Embassies etc. gae.

Under Section 31, citizens of Malaysia who are married abroad must register the marriage a convenient place (Embassies or High Commission office, perhaps) within 6 months after that out-of-Malaysia marriage. At least one party of the Marriage need to be there as Section 31(2) of the same Act allows the Registrar to dispense the appearance of one of the parties if the Registrar is satisfied there exist good and sufficient reason for the absence. It would, however be more prudent if both parties appear, notwithstanding Section 31(2) above.

Contraventions to the Law Reform may lead to imprisonment and/or fine. Section 35 makes it an offence if the above said out-of-Malaysia Marriage is not registered within the prescribed time. Parties face imprisonment of one year or fine or both.

Under Section 38, false declarations can lead to imprisonment of 3 years or fine or both.

For those who entered false Caveat merely to object and obstruct the marriage under Section 19 above, Section 39 makes it an offence carrying a penalty of 3 years or fine or both. These are just amongst some of the offences under Law Reform.

For more information on procedure of Marriages, please visit:-

http://www.gov.my/MYGOV/BI/Directory/Citizen/Family/Marriage/ProcedureMarriageNonMuslims/

We'll Blog about Divorce and Annulment of marriages next time around.