Annulment is a legal process that declares a marriage void ab initio, meaning that it was never valid in the first place. This is different from divorce, which dissolves a valid marriage.
In Malaysia, annulment is available to non-Muslims under the Law Reform (Marriage & Divorce) Act 1976. You may consider to annul your marriage if your marriage is less than 2 years subject to any ground of annulment is met.
Grounds for Annulment of Marriage for Non-Muslims in Malaysia
- Non-consummation of the marriage: This means that the marriage has not been physically consummated, either due to the incapacity of either party or the wilful refusal of the respondent.
- Incapacity to consent: This means that one party did not validly consent to the marriage, either because they were forced into it, they were mistaken about something important, or they were mentally incapable of understanding the nature and consequences of the marriage.
- Mental disorder: This means that one party was mentally disordered at the time of the marriage, to the extent that they were unfit for marriage.
- Venereal disease: This means that one party was suffering from a sexually transmitted disease at the time of the marriage.
- Pregnancy: This means that the respondent was pregnant by someone other than the petitioner at the time of the marriage.
To annul a marriage, a party must file a petition with the High Court. The court will then hold a hearing to determine whether the grounds for annulment have been met. If the court finds that the grounds have been met, it will annul the marriage after the hearing of the petition.
The annulment process in Malaysia can be complex and time-consuming. If you are considering annulling your marriage, it is important to speak to an experienced divorce and family lawyer. They will be able to advise you on whether you have grounds for annulment and how to proceed with the annulment process.
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