How To End Marriage In Malaysia If My Marriage Is Less Than 2 Years
How To End Marriage In Malaysia If My Marriage Is Less Than 2 Years
You just got married and your marriage is less than 2 years.
The marriage seems to be fine at first but you found out that the relationship is not working well for some reasons.
Now you wish to call it a ‘quit’. Question is, can you end the marriage in Malaysia if your marriage is less than 2 years?
What options do you have?
Divorce: Is it possible?
Generally, the law in Malaysia is clear that non-Muslim couple cannot get a divorce if the marriage is less than 2 years unless there is an exceptional circumstances or hardship suffered by the applicant. You may read this post here for more insights.
In short, the Court may not allow a divorce if the reason is trivial such as usual disagreements or verbal fights. Reasons that may be considered by the Court are such that the Court thinks it is so serious that a divorce must be granted. This may include serious case of domestic violence or drug abuse. Take note that there is a need to ask for special permission for divorce from the Court if your marriage is less than 2 years and your divorce lawyer will need to prove your case then.
What About Annulment?
You may have heard that you can get an annulment. But what is an annulment?
To put it simply, annulment means to get the Court to declare that the marriage never legally existed in the first place. You can apply for an annulment even if your marriage is less than 2 years but here is the catch. You are only eligible to apply for an annulment if you meet any of the grounds for annulment in Malaysia.
Here are the grounds explained in simple words. You may apply for annulment if:
- There is no physical intimacy at all due to the inability of your spouse
- There is no physical intimacy due to the refusal of your spouse
- There is no voluntary consent to get into the marriage from either one of you
- Either party may be suffering from mental illness even though he or she is capable of giving a consent to get into the marriage
- Your spouse has sexually transmitted diseases during the time of marriage but you are not informed about it
- Your spouse is pregnant at the time of marriage by some other person
So, if you fall into any of the above-mentioned grounds, you may apply for an annulment in Malaysia even if your marriage is less than 2 years.
Conclusion
Essentially, you may apply to the Court for a divorce if you can prove that your situation is one that is exceptional or you are suffering from any kind of hardship even if your marriage is less than 2 years. On the other hand, you may also consider to get an annulment if you can show that you fall into any of the grounds mentioned above in order to end your marriage in Malaysia. That said, it is best to get advice from a qualified divorce & family lawyer in Malaysia to assess your situation in order to get the best advice in moving forward to end your marriage.
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