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1. What happens to marriages that are not solemnised according to the provisions of the Act ?
Any marriage that is not solemnised according to the provisions of the Act is INVALID.
2. Who can solemnise a marriage ?
A marriage can only be solemnised by a person who has been appointed as a Registrar of Marriages. According to the Act, Registrar of Marriages includes the Assistant Registrar of Marriages.
3. Can a person who has not been appointed as a Registrar of Marriages conduct a marriage ceremony ?
No. Its an offence for such a person to do so and the penalty is jail not exceeding 10 YEARS and a FINE not exceeding RM15,000 (fifteen thousand ringgit).
4. If the parties intending to marry or register the marriage are found to have given false information, what is the penalty ?
If the falsification was intended for the marriage to be solemnised or registered, then it is an offence punishable by jail for a term not exceeding 3 years or a fine not exceeding RM3,000.00 (three thousand only) or both.
5. What is the offence and penalty if someone who is married, and the marriage is still legal, marries again ?
The person has committed an offence under Section 494 of the Penal Code, and if found guilty, can be jailed for not more than 7 years and can be fined.
6. Can the 21-day period for filing the notification of marriage be set aside for marriages that will be solemnised at the office of the NRD ?
Yes, it can. One or both of the parties intending to marry may apply for an exemption licence from the Chief Minister of the state concerned. Payment for the licence is RM100.00 (one hundred ringgit).
7. Can one of the married parties file a petition for divorce, and if he/she can, when can it be done ?
He/She can. One of the parties can file a petition for divorce in court only: After two years from the date of marriage; and
This case has been referred to an Arbitration Body without success.
8. What is an Arbitration Body
?
An entity established by the governing body of a religion, race, ethnic group
or association for the purpose of mediation; or
A Marriage Tribunal set up by the authorities in the districts concerned.
9. Are there any exemptions to the conditions stipulated for filing a petition for divorce ?
Yes, only in the following circumstances:-
If one of the married parties has embraced Islam, the other party who has
not can file a petition for divorce after 3 months from the date of the conversion
to Islam without having to refer to an arbitration /mediation body.
If both the husband and wife have agreed to end their marriage, they can,
after 2 years of marriage, file a joint petition for divorce without having
to refer to an arbitration/mediation body.
A High Court Judge, upon receiving the application, can allow for a petition
for divorce earlier than the stipulated 2-year period based on extraordinary
circumstances or hardships faced by the person filing the petition.
10. How does one refer a problem
to the Arbitration/Marriage Tribunal ?
The applicant himself/herself has to complete and sign the JPN.KC14 form and submit it to NRD.
11. When will the hearing be held
?
The Arbitration/Marriage Tribunal will notify
the applicant through a letter with the JPN.KC27 form as soon as possible so
that the problem can be resolved within 6 months from the date it was referred
to the Arbitration/Marriage Tribunal.
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2008 - National Registration Department of Malaysia