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Annuled marriage but marital status still Divorcee?

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asked on Feb 25, 2009 at 20:50
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edited on Aug 2, 2016 at 02:50
 
I am in the midst of getting a divorce from my husband, after our registration, things did not work out and the typical traditional marriage did not take place. We did not live together as well.

After seeking for advice in the Bar Council, I was told that I can seek for an annulment of my marriage but my marital status will still be divorcee. Is this true?

Is there any way of changing the status to single again?

Please help... need some advice.
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answered on Feb 25, 2009 at 22:01
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edited Aug 2, 2016 at 03:23
 
That's the problem we have with our National Registration Department's (Jabatan Pendaftaran Negara) system. It should be updated since marital status refers to a person's status in relation to marriage law in Malaysia.

However, in Malaysia UNLESS your marriage is a void marriage, your marital status will never be reverted to the previous legal marital status before the annulled marriage took place, which could be 'single', 'divorced' or 'widowed'. If your marriage is a voidable marriage and annulled, you marital status with JPN will be 'divorcee'.

Read this article to understand the differences between void and voidable marriages:
https://www.lawyerment.com/library/kb/Families/Marriage/1030.htm

You may wish to visit this thread for some info:
https://www.lawyerment.com/answers/questions/2858/divorce-can-i-file-for-marriage-annulment-to-revert-my-status-to-single-what-is

Here's an article of a person in a situation similar to yours:

I would like to highlight a point to the Jabatan Pendaftaran Negara (National Registration Department). My friend who got married recently told me how upset she was with her experience at JPN. She was previously married, and had her marriage annulled. (perkahwinan dibatalkan).

An annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive - an annulled marriage is considered never to have existed.

This means that the record of her previous marriage should have been deleted. However, when she re-married and registered her civil marriage at JPN, the officers insisted that she fill in the form as a janda (divorcee).

This defeats the entire purpose of getting an annulment! If this is the case, then why have an annulment in the first place? Would it not be the same as a divorce?

The worst part is that her marriage certificate now bears the mark/stamp of ‘pernah berkahwin’. It is silly for one to be reminded of an old marriage in one's present marriage certificate! It brings a lot of trauma to the person. My friend is traumatised and feels bad over the record in her marriage certificate.

If the record needs to be there, then it should suffice to have the records in JPN's database and NOT on the marriage certificate.

What is the purpose of blatantly printing a person's previous marital status on the present marriage certificate?...

Source: www.malaysiakini.com/letters/81753
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