Law Reform (Marriage and Divorce) Act 1976 [Act 164]   cite [+]

ARRANGEMENT OF SECTIONS

  1. Preamble

  2. PART I   PRELIMINARY

    1. 1. Short title and commencement
    2. 2. Interpretation
    3. 3. Application
    4. 4. Subsisting valid marriages deemed to be registered under this Act and dissoluble only under this Act

  3. PART II   MONOGAMOUS MARRIAGES

    1. 5. Disability to contract marriages otherwise than under this Act
    2. 6. Avoidance of marriage by subsisting prior marriage
    3. 7. Offence
    4. 8. Continuance of marriage

  4. PART III   MARRIAGE

      Restrictions on marriage

    1. 9. Persons by whom marriages may be solemnized
    2. 10. Avoidance of marriages where either party is under minimum age for marriage
    3. 11. Prohibited relationships
    4. 12. Requirement of consent

      5. Preliminaries to marriage

    5. 13. Non-application of sections 14 to 20 inclusive to certain parties to a marriage
    6. 14. Notice of marriage
    7. 15. Publication of notice
    8. 16. Declaration to accompany notice
    9. 17. Issue of certificate for marriage
    10. 18. Marriage to take place within six months
    11. 19. Caveat
    12. 20. Proceedings if caveat entered
    13. 21. Licence

      14. Solemnization of marriages

    14. 22. Solemnization of marriages
    15. 23. Solemnization of a civil marriage performed in office of a Registrar or elsewhere
    16. 24. Solemnization of a marriage through religious ceremony, custom or usage
    17. 25. Entry in marriage register
    18. 26. Solemnization of marriages in Malaysian Embassies, etc., abroad

  5. PART IV   REGISTRATION OF MARRIAGES

    1. 27. Registration
    2. 28. Appointment of Registrar General, Registrars and Assistant Registrars of Marriages
    3. 29. Books and Registers to be kept of all marriages in Malaysia
    4. 30. Copies of entries to be sent to Registrar General
    5. 31. Registration of foreign marriage by a person citizen of or domiciled in Malaysia
    6. 32. Unlawful registers
    7. 33. Voluntary registration of marriages previously solemnized under religion or custom
    8. 34. Legal effect of registration

  6. PART V   PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES

    1. 35. Omission to appear before Registrar within prescribed time
    2. 36. Contravention of section 32
    3. 37. Interference with marriage
    4. 38. False oath, etc., for procuring marriage
    5. 39. False allegation in caveat
    6. 40. Unauthorized solemnization of marriages
    7. 41. Offences relating to solemnization of marriages
    8. 42. Destroying or falsifying register book
    9. 43. Sanction for prosecution
    10. 44. Correction of errors
    11. 45. Inspection and search
    12. 46. Proof
    13. 46A. Damaged registers
    14. 46B. Missing register

  7. PART VI   DIVORCE

    1. 47. Principles of law to be applied
    2. 48. Extent of power to grant relief
    3. 49. Additional jurisdiction in proceedings by a wife
    4. 50. Restriction on petitions within two years of marriage
    5. 51. Dissolution on ground of conversion to Islam
    6. 52. Dissolution by mutual consent
    7. 53. Breakdown of marriage to be sole ground for divorce
    8. 54. Proof of breakdown
    9. 55. Provisions designed to encourage reconciliation
    10. 56. Rules to provide for agreements to be referred to court
    11. 57. Contents of divorce petition
    12. 58. Damages for adultery may be claimed against co-respondent
    13. 59. Powers of court on claim to damages for adultery
    14. 60. Hearing of petition
    15. 61. Decree nisi and proceedings thereafter
    16. 62. Remarriage of divorced persons
    17. 63. Proceedings for decree nisi of presumption of death and divorce

      18. Judicial Separation

    18. 64. Judicial separation
    19. 65. Judicial separation no bar to petition for divorce
    20. 66. Property of wife after judicial separation

      21. Nullity of Marriage

    21. 67. Extent of power to grant relief
    22. 68. Petition for nullity of marriage
    23. 69. Grounds on which a marriage is void
    24. 70. Grounds on which a marriage is voidable
    25. 71. Bars to relief where marriage is voidable
    26. 72. Marriages governed by foreign law or celebrated abroad under Malaysian law
    27. 73. Effect of decree of nullity in case of voidable marriage
    28. 74. Collusion not to be bar to relief in cases of nullity
    29. 75. Legitimacy where nullity decree made

  8. PART VII   MATTERS INCIDENTAL TO MATRIMONIAL PROCEEDINGS

    1. 76. Power for court to order division of matrimonial assets

      2. Maintenance of spouse

    2. 77. Power for court to order maintenance of spouse
    3. 78. Assessment of maintenance
    4. 79. Power for court to order security for maintenance
    5. 80. Compounding of maintenance
    6. 81. Duration of orders for maintenance
    7. 82. Right to maintenance to cease on remarriage
    8. 83. Power for court to vary orders for maintenance
    9. 84. Power for court to vary agreements for maintenance
    10. 85. Maintenance payable under order of court to be inalienable
    11. 86. Recovery of arrears of maintenance

  9. PART VIII   PROTECTION OF CHILDREN

    1. 87. Meaning of "child"
    2. 88. Power for court to make order for custody
    3. 89. Orders subject to conditions
    4. 90. Declaratory order as to unfitness of parent to have custody
    5. 91. Custody of children deemed legitimate
    6. 92. Duty to maintain children
    7. 93. Power for court to order maintenance for children
    8. 94. Power for court to order security for maintenance
    9. 95. Duration of orders for custody and maintenance
    10. 96. Power for court to vary orders for custody or maintenance
    11. 97. Power for court to vary agreement for custody or maintenance
    12. 98. Recovery of arrears of maintenance
    13. 99. Duty to maintain child accepted as member of family
    14. 100. Court to have regard to advice of welfare officers, etc.
    15. 101. Power for court to restrain taking of child out of Malaysia

      16. Other reliefs

    16. 102. Power for court to set aside and prevent dispositions intended to defeat claims to maintenance
    17. 103. Injunction against molestation

  10. PART IX   MISCELLANEOUS

    1. 104. Recognition of marriage contracted abroad
    2. 105. Recognition of marriages contracted in Embassies, etc., in Malaysia
    3. 106. Requirement of reference to conciliatory body before petition for divorce
    4. 107. Maintenance of register of divorces and annulments
    5. 108. Power to make rules
    6. 109. Repeal

  1. SCHEDULE


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