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The Marriage Act

The marriage regulated by “Marriage and Divorce Act 1976.

Here are 10 interesting fact about it:  

 

1) If your husband is not “capable” (impotent) and cannot make love to you after married, you an apply to the court to void this marriage. Note, this is not a divorce. The marriage is void so you both are not even considered married.


Marriage TOTALLY without sex is considered as “incomplete” under the law. If he manages to make it, even only ONCE, the marriage is considered complete. Same to women, if the wife refuses to sleep with husband, the man can make the same application to void the marriage.  2) Other reasons that can void a marriage: One side was not in healthy or clear mental state when decides to marry, the woman already pregnant but it is not your baby, the spouse infected by contiguous sex disease… 

 

3) If you engage with someone but marry someone else, your ex can sue you, but not based on the 1976 Act. It is more like a breach of contract (like business contract). Even though you both did not register, if there is enough evidence (e.g. engagement dinner, witness, exchange of ring) to prove that such a promise is made, you will need to pay compensation to your ex (note: it is not a fine).  4) You cannot marry today then ask for divorce next week. You both must have been married at least two (2) years at the time you present your petition for divorce, unless the Court grants you special permission.  

5) The Marriage and Divorce Act of Singapore is quite different from Malaysia’s. Singapore government is having headache to encourage their citizens to get married, probably that’s why its family law is stricter? For point no.4, Singaporeans need three (3) years.  

6) Commit an adultery (sleep with someone other than your spouse) is not illegal in Malaysia. It is a serious ethic problem but not a crime, so the police will not lock you in a jail. However, this offense can be used as the reason for filing a divorce.  

7) If you cause someone divorce (you are the “third person” who directly damages their relationship, which is used to be good before you butt in), the victim side can request the court to make you pay the court fee, as a compensation.  

8) You can apply for divorce if you are tortured by your spouse, either physically or mentally, or both. Your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her. For example, a wife who always grumbles and scold her husband. But the torture has to be so serious or unbearable that you could be injured badly or cannot live a normal life.

 9) In GENERAL, wife can ask for 1/3 of total income of BOTH persons as maintenance. For example, her husband earns RM2,600 per month and she earns RM1,000, both have a total monthly income of RM3,600. She will get (RM3,600 x 1/3 - RM1,000) RM200 monthly as maintenance. If her earning is more than, half of the income of her husband, she may not be eligible for a maintenance. Please note this is usually by per-case basis. e.g. The Court will also consider if they got children.  

10) If you are abandoned (e.g. spouse missing in action, or refuse to live with you) for a minimum of 2 consecutive years, you can apply for a divorce. The drama always shows that a husband, who is missing for 10 years, comes back to stop his wife from marrying other. If you plan to re-marry, you (single side) can apply for divorce after you are deserted for 2 years. No need to wait until the irresponsible one to come back to whack your party.

 

 

27 Responses to “The Marriage Act”

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