Frequently Asked Questions About Annulment Of Marriage
Annulment of marriage is a legal process that can be used to declare a marriage invalid. This means that the marriage never legally existed. There are a number of reasons why a marriage may be annulled.
Generally, the process will involve filing a petition for annulment with the court, serving the petition on the other spouse, and attending a hearing. If the court grants the annulment, the marriage will be declared invalid and the spouses will be free to remarry. Here are the most frequently asked questions about annulment of marriage in Malaysia answered for you.
1. What is an annulment of marriage?
An annulment of marriage is a legal process that declares a marriage to be invalid from the start. This means that the marriage never legally existed.
2. Who can apply for an annulment of marriage in Malaysia for non-Muslims?
Either party can apply for an annulment of marriage in Malaysia for non-Muslims. However, if only one spouse wants to apply, he or she must have a valid reason or ground to file for an annulment in Malaysia.
3. What are the grounds for annulment of marriage in Malaysia for non-Muslims?
The grounds for annulment of marriage in Malaysia for non-Muslims are set out in the Law Reform (Marriage & Divorce) Act 1976. These grounds include:
- The marriage was not consummated because one of the spouses was unable to do so.
- The marriage was not consummated because the other spouse refused to do so.
- One of the spouses did not give valid consent to the marriage, either because they were forced into it, mistaken about something, or not of sound mind.
- One of the spouses was mentally ill at the time of the marriage and unfit to be married.
- The other spouse was suffering from a sexually transmitted disease that could be spread to others at the time of the marriage.
- The other spouse was pregnant by someone other than the petitioner at the time of the marriage.
4. What is the process for annulment of marriage in Malaysia for non-Muslims?
The process for annulment of marriage in Malaysia for non-Muslims is as follows:
- File a petition for annulment with the High Court.
- Serve the petition on the other spouse.
- Attend a hearing in the High Court.
- The High Court will decide whether to grant the annulment.
5. What are the consequences of annulment of marriage in Malaysia for non-Muslims?
The consequences of annulment of marriage in Malaysia for non-Muslims are as follows:
- The marriage will be declared invalid.
- The spouses will be able to remarry.
- Any property that was acquired during the marriage will be divided according to the law.
6. What are the next steps after annulment of marriage in Malaysia for non-Muslims?
After the annulment of marriage is granted by the court, your status will be updated with the Jabatan Pendaftaran Negara (JPN) in Malaysia and you can remarry again anytime.
If you are considering annulling your marriage, it is important to speak with a family lawyer in Malaysia to discuss your options.
A family lawyer can help you to understand the law and to determine whether you have a valid ground for annulment. They can also help you to file the necessary paperwork and to represent you in court to get the best outcome.
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