Marriage and Divorce
Marriage and Divorce FAQ
Frequently asked questions and answers for public reference.
MARRIAGE REGISTRATION
What will happen to marriages that are solemnized not following the provisions under the Law Reform (Marriage and Divorce) Act 1976?
A marriage that is solemnized not in accordance with the provisions of the Act is a TAKSAH MARRIAGE. After the date of enactment of the Law Reform (Marriage and Divorce) Act 1976, Act 164, that is, on 01.03.1982 all non-Muslim marriages are OBLIGED to be registered under the Act and they are monogamous.
What is A MONOGAMOUS MARRIAGE?
Monogamous Marriage means that after the effective date of Act 164, a person who has been legally married under any law cannot legally remarry another person while this marriage is still ongoing either in Malaysia or in any other country.
What punishment is imposed on a person who marries more than one?
If a person who has been legally married under a law, religion, custom or custom remarries within the continuation of the marriage and in the life of the husband or wife, then it is deemed to be an offence under Section 494 of the Penal Code.
Who can propose marriage?
Marriage can only be solemnized by a person who has been appointed as a Registrar of Marriages under Act 164 at the National Registration Department and Malaysian representative offices abroad or the Assistant Registrar of Marriages at a temple, church or association.
Can a person who is not appointed as the Registrar of Marriages solemnize a Marriage?
No. It shall be an offence if it is committed and if convicted shall be liable to imprisonment of not more than 10 YEARS and a FINE of not more than RM 15,000 (Fifteen Thousand Ringgit Malaysia).
If the party wishing to marry or register a marriage is found to have provided false personal details, what is the penalty?
If convicted, imprisonment shall be imposed for a term of not more than 3 years or a fine of not more than RM 3,000.00 (Three Thousand Ringgit) or both.
Can a period of 21 days to display the Application Form, Marriage Notification and Written Declaration (NRD.KC02) be EXEMPTED for marriages to be solemnized at the National Registration Department office?
Yes. The party who wishes to marry can apply for a special license under Section 21(1) of Act 164, namely, Application for a Marriage License Without Requiring Notification of Marriage and Certificate for Marriage (NRD.KC01C) from the Registrar of Marriages in the relevant state. The fee for this special licence, if it is approved, is RM 100.00 (One Hundred Malaysian Ringgit).
Can marriage registration be done in Associations / Temples / Churches?
Registration of marriage under Act 164 can only be solemnized at an Association/Temple/Church where the NRD has appointed an Assistant Registrar of Marriages.
What action should be taken if one of the citizens or both spouses of the citizen get married abroad under the civil law of the country concerned?
The spouse must re-register the marriage abroad under Section 31 of Act 164 either at the nearest NRD office or at the Malaysian representative office abroad.
- within 6 months of the date of the marriage abroad; or
- within six months of arriving in Malaysia.
A penalty fee will be charged for late registration.
REGISTRATION OF DIVORCE / ANNULMENT OF MARRIAGE
What does the Decree of Absolute Nisi mean?
Decree of Absolute Nisi is a divorce document issued by the High Court for confirmation of the dissolution of a valid marriage.
What should be done if the Absolute Nition Decree has been lost in the applicant's possession?
The applicant may obtain a copy of the Original from the appointed lawyer or a certified copy from the relevant High Court.
MARRIAGE TRIBUNAL
What does the Conciliatory Body mean?
Peacemaking Body means a council established for the purpose of reconciliation by the relevant authority for a religion, tribe, people, or association.
How do I refer a problem to the Marriage Tribunal at the National Registration Department (NRD) office?
The petitioner must submit an application at the nearest NRD office.
CONFIRMATION LETTER OF MARITAL STATUS
Why is the Certificate of Confirmation of Marital Status only issued at the Headquarters, National Registration Department, Putrajaya and not at the State branch?
Letter of Confirmation of Marital Status is issued to Malaysian citizens who want to do official business abroad.
MARRIAGE REGISTRATION THROUGH AN ASSISTANT REGISTRAR OF MARRIAGES (PPP)
Where is the Marriage Registration Application Form (Form NRD.KC02) available?
Couples can obtain a Marriage Registration Application Form (Form NRD.KC02) at the Marriage Counter, State/District/Sub-District/Branch NRD office.
What documents should be submitted at the marriage counter when my spouse and I attend the NRD office to check for personal information and marital status?
Form NRD.KC02 which has been made an oath of Statutory Declaration in Section D.2 before a Commissioner for Oaths / Justice of Peace / Magistrate in court and MyKad respectively. Couples must be present together.
How much does a couple have to pay to register a marriage at the Temple/Church/Society?
RM20.00 only. Payment must be made at the wedding counter, NRD office and payment receipt will be issued in the name of the male spouse.