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Malaysia Law Reform (Marriage and Divorce) Act, 1976

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HomeBrud.gifMalaysia LawBrud.gifActsBrud.gifMalaysia Law Reform (Marriage and Divorce) Act, 1976

Act 164

Date of Royal Assent: 6 March 1976

Date of publication in the Gazette: 11 March 1976

English text to be authoritative: P.U. (B) 127 of 1976

PART I: PRELIMINARY

  • 1. Short title and commencement
  • 2. Interpretation
  • 3. Application
  • 4. Subsisting valid marriages deemed to be registered under this Act and dissoluble only under this Act

PART II: MONOGAMOUS MARRIAGES

  • 5. Disability to contract marriages otherwise than under this Act
  • 6. Avoidance of marriage by subsisting prior marriage
  • 7. Offence
  • 8. Continuance of marriage

PART III: MARRIAGE

Restrictions on marriage

  • Section 9: Persons by whom marriages may be solemnized
  • Section 10: Avoidance of marriages where either party is under minimum age for marriage
  • Section 11: Prohibited relationships
  • Section 12: Requirement of consent

Preliminaries to marriage

  • 13. Non-application of sections 14 to 20 inclusive to certain parties to a marriage
  • 14. Notice of marriage
  • 15. Publication of notice
  • 16. Declaration to accompany notice
  • 17. Issue of certificate for marriage
  • 18. Marriage to take place within six months
  • 19. Caveat
  • 20. Proceedings if caveat entered
  • 21. Licence

Solemnization of marriages

  • 22. Solemnization of marriages
  • 23. Solemnization of a civil marriage performed in office of a Registrar or elsewhere
  • 24. Solemnization of a marriage through religious ceremony, custom or usage
  • 25. Entry in marriage register
  • 26. Solemnization of marriages in Malaysian Embassies, etc., abroad

PART IV: REGISTRATION OF MARRIAGES

  • 27. Registration
  • 28. Appointment of Registrar General, Registrars and Assistant Registrars of Marriages
  • 29. Books and Registers to be kept of all marriages in Malaysia
  • 30. Copies of entries to be sent to Registrar General
  • 31. Registration of foreign marriage by a person citizen of or domiciled in Malaysia
  • 32. Unlawful registers
  • 33. Voluntary registration of marriages previously solemnized under religion or custom
  • 34. Legal effect of registration

PART V: PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES

  • 35. Omission to appear before Registrar within prescribed time
  • 36. Contravention of section 32
  • 37. Interference with marriage
  • 38. False oath, etc., for procuring marriage
  • 39. False allegation in caveat
  • 40. Unauthorized solemnization of marriages
  • 41. Offences relating to solemnization of marriages
  • 42. Destroying or falsifying register book
  • 43. Sanction for prosecution
  • 44. Correction of errors
  • 45. Inspection and search
  • 46. Proof
  • 46A. Damaged registers
  • 46B. Missing register

PART VI: DIVORCE

  • 47. Principles of law to be applied
  • 48. Extent of power to grant relief
  • 49. Additional jurisdiction in proceedings by a wife
  • 50. Restriction on petitions within two years of marriage
  • 51. Dissolution on ground of conversion to Islam
  • 52. Dissolution by mutual consent
  • 53. Breakdown of marriage to be sole ground for divorce
  • 54. Proof of breakdown
  • 55. Provisions designed to encourage reconciliation
  • 56. Rules to provide for agreements to be referred to court
  • 57. Contents of divorce petition
  • 58. Damages for adultery may be claimed against co-respondent
  • 59. Powers of court on claim to damages for adultery
  • 60. Hearing of petition
  • 61. Decree nisi and proceedings thereafter
  • 62. Remarriage of divorced persons
  • 63. Proceedings for decree nisi of presumption of death and divorce

Judicial Separation

  • Section 64: Judicial separation
  • Section 65: Judicial separation no bar to petition for divorce
  • Section 66: Property of wife after judicial separation

Nullity of Marriage

  • Section 67: Extent of power to grant relief
  • Section 68: Petition for nullity of marriage
  • Section 69: Grounds on which a marriage is void
  • Section 70: Grounds on which a marriage is voidable
  • Section 71: Bars to relief where marriage is voidable
  • Section 72: Marriages governed by foreign law or celebrated abroad under Malaysian law
  • Section 73: Effect of decree of nullity in case of voidable marriage
  • Section 74: Collusion not to be bar to relief in cases of nullity
  • Section 75: Legitimacy where nullity decree made

PART VII: MATTERS INCIDENTAL TO MATRIMONIAL PROCEEDINGS

  • Section 76: Power for court to order division of matrimonial assets

Maintenance of spouse

  • 77. Power for court to order maintenance of spouse
  • 78. Assessment of maintenance
  • 79. Power for court to order security for maintenance
  • 80. Compounding of maintenance
  • 81. Duration of orders for maintenance
  • 82. Right to maintenance to cease on remarriage
  • 83. Power for court to vary orders for maintenance
  • 84. Power for court to vary agreements for maintenance
  • 85. Maintenance payable under order of court to be inalienable
  • 86. Recovery of arrears of maintenance

PART VIII: PROTECTION OF CHILDREN

  • 87. Meaning of “child”
  • 88. Power for court to make order for custody
  • 89. Orders subject to conditions
  • 90. Declaratory order as to unfitness of parent to have custody
  • 91. Custody of children deemed legitimate
  • 92. Duty to maintain children
  • 93. Power for court to order maintenance for children
  • 94. Power for court to order security for maintenance
  • 95. Duration of orders for custody and maintenance
  • 96. Power for court to vary orders for custody or maintenance
  • 97. Power for court to vary agreement for custody or maintenance
  • 98. Recovery of arrears of maintenance
  • 99. Duty to maintain child accepted as member of family
  • 100. Court to have regard to advice of welfare officers, etc.
  • 101. Power for court to restrain taking of child out of Malaysia

Other reliefs

  • Section 102: Power for court to set aside and prevent dispositions intended to defeat claims to maintenance
  • Section 103: Injunction against molestation

PART IX: MISCELLANEOUS

  • 104. Recognition of marriage contracted abroad
  • 105. Recognition of marriages contracted in Embassies, etc., in Malaysia
  • 106. Requirement of reference to conciliatory body before petition for divorce
  • 107. Maintenance of register of divorces and annulments
  • 108. Power to make rules
  • 109. Repeal

SCHEDULE