Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part I · Preliminary
3. Application
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The Act covers everyone in Malaysia and people domiciled there who live abroad. Citizens are presumed domiciled in Malaysia. It does not cover Muslims or anyone married under Islamic law. Courts may still end marriages where a spouse converts to Islam. It also excludes natives of Sabah or Sarawak and aborigines of Peninsular Malaysia under customary law, with exceptions.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
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.
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.
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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.
court
“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;
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—
native
“native”, in relation to Sabah and Sarawak, has the same meaning assigned to it in Clause (6) of Article 161A of the Federal Constitution;
he elects to marry under this Act;
he contracted his marriage under the Christian Marriage
Ordinance [Sabah Cap. 24]; or
he contracted his marriage under the Church and Civil
Marriage Ordinance [Sarawak Cap. 92].