Annulment, or nullity of marriage, is a legal declaration that a marriage is null and void. Unlike divorce, which ends a legally valid marriage, annulment treats the marriage as if it never existed.
The Law Reform (Marriage and Divorce) Act 1976 governs annulment for non-Muslims in Malaysia.
Void Marriages (Section 69):
Either party was already lawfully married and the previous marriage was still in force.
The male was under 18 years, or the female was between 16 and 18 years, and the marriage occurred without a special license from the Chief Minister.
The parties are within prohibited degrees of relationship.
The parties are not respectively male and female.
Voidable Marriages (Section 70):
The marriage has not been consummated due to incapacity or refusal.
Either party did not validly consent to the marriage due to duress, mistake, or unsoundness of mind.
At the time of marriage, either party was suffering from a communicable venereal disease.
At the time of marriage, the wife was pregnant by someone other than the husband.
Filing a Petition: Submit a petition for annulment to the High Court, citing the appropriate grounds under Sections 69 or 70.
Serving the Petition: Serve the petition to the other party.
Court Hearing: Attend a court hearing where evidence will be examined.
Decree Nisi: If the court is satisfied, it will issue a decree nisi.
Decree Absolute: After three months, the decree nisi can be made absolute, finalizing the annulment
Annulment legally declares a marriage null and void, meaning it was never valid from the beginning. Divorce, on the other hand, ends a marriage that was legally valid at the time it was entered into. Both result in the parties being free to remarry, but annulment erases the marriage in the eyes of the law.
Under the Law Reform (Marriage and Divorce) Act 1976, a marriage may be annulled on grounds such as:
Lack of consummation due to incapacity or refusal,
Consent obtained through duress or mistake,
Communicable venereal disease,
Wife pregnant by another man at the time of marriage,
Existing valid marriage (bigamy),
Prohibited relationships, or
One party not being of the opposite sex.
These are found under Sections 69 and 70 of the Act.
Once a petition is filed, the court process typically involves:
Review of evidence,
Issuance of a Decree Nisi, and
Finalization through a Decree Absolute after 3 months.
Depending on court schedules and complexity, the process can take approximately 3–6 months for a non-contested application.
No. Children born from a marriage that is later annulled are still considered legitimate under Malaysian law, as long as at least one party believed the marriage was valid at the time it took place. This is provided under Section 75 of the LRA 1976.
Even though the marriage is considered void or voidable:
The court can still decide on division of matrimonial assets,
Either party may apply for spousal maintenance, and
Child custody, care, and access matters will be treated the same way as in a divorce case.
In short, annulment does not prevent the court from protecting the rights of spouses and children after the marriage is annulled.
Yes. Once the court issues a Decree Absolute, your marriage is legally annulled — meaning it is treated as though it never existed. You are then free to remarry under Malaysian law. However, it’s important to wait until the annulment process is fully finalized (after the Decree Nisi is made absolute) before entering into a new marriage, to avoid any legal complications.