Annulment of Marriage MalaysiaEasy . Fast . Quick
Annulment of Marriage in Malaysia is governed by the Law Reform (Marriage & Divorce) Act 1976. A void marriage means the valid marriage does not exist at the time of the solemnisation of the marriage. A voidable marriage means the valid marriage exist at the time of solemnisation until it is annuled by the court. The jurisdiction to grant a decree nullity to either a void or voidable marriage lies with the High Court. For divorce lawyer service Malaysia, just count on us as we are experts in dealing with annulment of marriage Malaysia cases.
What Constitutes Void Marriages
Marriages are considered void under the following circumstances:-
- at the time of the marriage, either party was already lawfully married and the husband or wife of such party was living at the time of the marriage. This means if the person who was already lawfully married marries again, the latter marriage is void.
- a male under 18 years old or a female above 16 years old but under 18 years old marries without a special licence granted by the Chief Minister under Section 10 of the Law Reform (Marriage & Divorce) Act 1976.
- the parties are not respectively male and female.
What Constitutes Voidable Marriages
Under the Law Reform (Marriage & Divorce) Act 1976, voidable marriages are considered if:-
- the marriage has not been consummated due to the refusal of the respondent to consummate it.
- that either party did not validly consent to the marriage, whether in consequence of duress, mistake or unsoundness of mind.
- that at the time of marriage either party, thought capable of giving a valid consent, was a mentally disordered person as to be unfit for marriage.
- that at the time of marriage the respondent was suffering from an infectious venereal disease.
- that at the time of marriage the respondent was pregnant by another person other than the petitioner.
Procedure of Annulment of Marriage Malaysia
Based on the conditions of the voidable and void marriages, the petitioner can file a petition with an affidavit in support in the High Court to have the marriage annuled. The High Court will grant a decree nisi which is to be made absolute after 3 months.
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Legal Services for the Annulment of Marriage Malaysia
Our legal service include:-
- advising clients on the steps to take prior to annulment of marriage.
- advising clients on their rights to maintenance payments, child custody and division of assets.
- legal representation in courts for clients seeking annulment of marriage.
- legal representation in courts for clients seeking child custody.
- legal representation in courts for clients seeking maintenance.
Frequently Asked Questions (FAQs)
1) What is the meaning of annulment of a marriage?
This means a petition for a decree of nullity can be brought about where a marriage is void or voidable under Section 69 and 70 of the Law Reform (Marriage & Divorce) Act 1976.
2) When is the marrriage void?
A marriage is considered void if either party was already lawfully married to another.
3) When is the marriage voidable?
The marriage is considered voidable if the marriage has not been consummated due to the incapability or refusal of the spouse or if the spouse suffers from a mental illness or infectious venereal disease.
4) If after marriage, the husband discovers the wife is already pregnant by another man, can the husband annul the marriage?
Yes, he can.
5) Can a male below 18 years old marry a female above 16 years old but under 18 years old?
This marriage is not void if he marries with a special licence granted by the Chief Minister under Section 10 of the Law Reform (Marriage & Divorce) Act 1976.
6) What is the procedure to annul a marriage?
Engage a lawyer to file a petition with an affidavit in support in the High Court to annul the marriage.
Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.
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