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In forceAmendedUpdated to 15 Dec 2018Read it in Bahasa Malaysia
Contents

Act of Parliament

Law Reform (Marriage and Divorce) Act 1976

Feedback & supportMonogamous marriages, their registration, and the law on divorce

In plain English

Not legal advice

This Act provides for monogamous marriages and for how they are carried out and registered. It also amends and brings together the law on divorce. Generally, it applies to all persons in Malaysia and to persons domiciled in Malaysia who live outside Malaysia. It does not apply to Muslims or to anyone married under Islamic law. It also leaves out natives of Sabah or Sarawak and aborigines of Peninsular Malaysia whose marriage and divorce follow native customary law or aboriginal custom, with some exceptions.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

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Part I

Preliminary

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

This Act may be cited as the Law Reform (Marriage and Divorce)

Act 1976 and shall come into force on such date as the Yang di-Pertuan

Agong may, by notification in the Gazette appoint and different dates may be appointed for **Peninsular Malaysia, Sabah and Sarawak.

(1)

In this Act, unless the context otherwise requires—

*NOTE—This Act is made applicable to the Federal Territory of Labuan vide Modification Order

No. P.U. (A) 195/1985.

**NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”–

see subsection 5(2) of the Interpretation (Amendment) Act 1997 [Act A996].

10

“aborigine” has the same meaning assigned to it in section 3 of the

Aboriginal Peoples Act 1954 [Act 134];

“appointed date” means the date of coming into operation of this Act;

“Chief Minister”, in relation to—

(a)

the States of Malaysia, means the Chief Minister or Menteri

Besar of a State;

(b)

the Federal Territory means the Minister;

(c)

the Malaysian Embassy, High Commission or Consulate, means the Malaysian Ambassador, High Commissioner or

Consul respectively;

“child of the marriage” means a child of both parties to the marriage in question or a child of one party to the marriage accepted as one of the family by the other party; and “child” in this context includes an illegitimate child of, and a child adopted by, either of the parties to the marriage in pursuance of an adoption order made under any written law relating to adoption;

“court” means the High Court or a Judge thereof or, where a Sessions

Court Judge has jurisdiction by virtue of subsection (2), the Sessions

Court or a Sessions Court Judge of that Court;

“marriage district” means an area which has been defined as a marriage district under subsection 28(5), or if no such area has been so defined in any State or Federal Territory, that State or Federal

Territory;

“marriage register” includes—

(a)

any register of marriages kept under any written law relating to registration of marriages prior to the appointed date;

(b)

marriage registers constituted under subsection 46A(1) and section 46B; and

Law Reform (Marriage and Divorce)

(c)

microfilms, computers and other forms of records made under subsection 46A(2);

“marriage with another woman” means marriage of any person, being married to any other woman during the life of the former wife, whether the second marriage has taken place within Malaysia or elsewhere;

“Minister” means the Minister charged with responsibility for the registration of marriages;

“minor” means a person who is under the age of twenty-one years and who is not a widow or widower;

“native”, in relation to Sabah and Sarawak, has the same meaning assigned to it in Clause (6) of Article 161A of the Federal Constitution;

“Registrar” means a Registrar of Marriages appointed under this Act and includes the Registrar General, an Assistant Registrar General, a

Superintendent Registrar, a Deputy Registrar and an Assistant

Registrar of Marriages;

“Registrar General” means the Registrar General of Marriages and includes a Deputy Registrar General of Marriages appointed under this

Act.

(2)

The Yang di-Pertuan Agong may, on the advice of the Chief

Judge, by notification in the Gazette, confer upon any Sessions Court

Judge jurisdiction to deal with any matter under this Act.

(1)

Except as is otherwise expressly provided this Act shall apply to all persons in Malaysia and to all persons domiciled in Malaysia but are resident outside Malaysia.

(2)

For the purposes of this Act, a person who is a citizen of

Malaysia shall be deemed, until the contrary is proved, to be domiciled in Malaysia.

12

(3)

This Act shall not apply to a Muslim or to any person who is married under Islamic law and no marriage of one of the parties which professes the religion of Islam shall be solemnized or registered under this Act; but nothing herein shall be construed to prevent a court from having exclusive jurisdiction over the dissolution of a marriage and all matters incidental thereto including granting a decree of divorce or other orders under Part VII and Part VIII on a petition for divorce under section 53 where one party converts to Islam after the filing of the petition or after the pronouncement of a decree, or a petition for divorce under either section 51, 52 or 53 on the petition of either party or both parties to a marriage where one party has converted to Islam, and such decree and orders made shall, notwithstanding any other written law to the contrary, be valid against the party to the marriage who has so converted to Islam.

(4)

This Act shall not apply to any native of Sabah or Sarawak or any aborigine of *Peninsular Malaysia whose marriage and divorce is governed by native customary law or aboriginal custom unless—

(a)

he elects to marry under this Act;

(b)

he contracted his marriage under the Christian Marriage

Ordinance [Sabah Cap. 24]; or

(c)

he contracted his marriage under the Church and Civil

Marriage Ordinance [Sarawak Cap. 92].

(1)

Nothing in this Act shall affect the validity of any marriage solemnized under any law, religion, custom or usage prior to the appointed date.

(2)

Such marriage, if valid under the law, religion, custom or usage under which it was solemnized, shall be deemed to be registered under this Act.

*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”–see subsection 5(2) of the Interpretation (Amendment) Act 1997 [Act A996].

Law Reform (Marriage and Divorce)

(3)

Every such marriage, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until dissolved—

(a)

by the death of one of the parties;

(b)

by order of a court of competent jurisdiction; or

(c)

by a decree of nullity made by a court of competent jurisdiction.

Part II

Monogamous Marriages

Read on from Part II

Part III

Marriage

Read on from Part III

Part IV

Read on from Part IV

Part V

Penalties and Miscellaneous Provisions Relating to the Solemnization and

Read on from Part V

Part VI

Divorce

Read on from Part VI

Part VII

Matters Incidental to Matrimonial Proceedings

Read on from Part VII

Part VIII

Protection of Children

Read on from Part VIII

Part IX

Miscellaneous

Read on from Part IX

Schedules