Quick Summary
Annulment of marriage in Malaysia for non-Muslims is a legal process to declare a marriage invalid under Section 70 of the Law Reform (Marriage & Divorce) Act 1976.
Unlike divorce, it treats the marriage as if it never legally existed. It can only be granted if specific legal grounds can be proven, such as non-consummation of marriage, lack of valid consent, mental disorder, communicable venereal disease, or pregnancy by another person at the time of marriage. Unlike divorce, annulment may be filed even if the marriage is less than 2 years.
What Is Annulment of Marriage in Malaysia
Annulment of marriage in Malaysia, in simple term, means to apply to the Court to legally declare that the marriage is invalid and should be treated as if it never existed in the first place.
To file a petition for annulment in Malaysia, it is important to note that the applicant must fulfil one (or more) of the grounds provided under Section 70 of the Law Reform (Marriage and Divorce) Act 1976, even if the marriage is less than 2 years.
The grounds are as follows:
- Inability to consummate the marriage
This means the marriage was not consummated because either party is physically or medically unable to do so. - Wilful refusal to consummate the marriage
This means one party intentionally refuses to consummate the marriage without valid reason. - No valid consent to the marriage
This means either party did not freely agree to the marriage due to pressure, threats, mistake, unsoundness of mind or other similar reasons. - Mental disorder at the time of marriage
This means one party was suffering from a mental condition at the time of marriage which made him or her unfit for marriage. - Venereal disease in a communicable form
This means the respondent was suffering from a sexually transmitted disease which could be passed on to the other party at the time of marriage. - Respondent was pregnant by another person
This means the respondent was already pregnant by another person at the time of marriage.
FAQs on Annulment of Marriage in Malaysia
1. What is the difference between annulment and divorce?
Annulment declares the marriage invalid from the start, while divorce ends a legally valid marriage.
2. Can I apply for annulment if the marriage is less than 2 years?
Yes. Annulment can be filed even if the marriage is less than 2 years, provided valid legal grounds exist.
3. How long does an annulment application take?
Typically, it will take between 6-12 months. The timeline depends on whether the matter is contested (disputed) and the complexity of the case.
4. Do both parties need to agree for an annulment?
Not necessarily. One party may file if there are legal grounds to support the annulment.
5. Can I get an annulment of marriage in Malaysia with the JPN?
No. Application for annulment must be filed to the Court in Malaysia and only the Court has the power to grant an annulment order.
6. How to update the JPN after the annulment order is obtained?
You need to prepare and submit an annulment order from the Court, MyKad (or passport copy if you are a foreigner), and marriage certificate to the JPN to update your marital status. You may read here for more information on how to update your marital status with the JPN.
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