Law Reform (Marriage and Divorce) Act 1976

Law Reform (Marriage and Divorce) Act 1976 · Act 164
Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976
Applies to: Federal (whole of Malaysia), for non-Muslims · Official text ↗

Key points

Applies to non-Muslims. It does not apply to Muslims, and it does not apply to natives of Sabah and Sarawak or Orang Asli whose marriages follow native or aboriginal custom (s 3).
Marriage is monogamous: while you are married, you cannot validly marry anyone else under any law, religion or custom (s 5). A second marriage is void (s 6) and can be the crime of bigamy (s 7).
Minimum age is 18. A girl aged 16 or 17 can marry only with a licence from the Chief Minister (ss 10, 21(2)). Anyone under 21 also needs written parental consent (s 12).
As a general rule you cannot file for divorce within two years of the marriage (s 50). After that you can file a joint petition by consent (s 52) or a single petition on irretrievable breakdown (ss 53, 54).
Before a single petition you usually must first go to a marriage tribunal (conciliatory body) for reconciliation (s 106).
The 2017 amendments (in force 15 December 2018) let either spouse file for divorce when one converts to Islam, value homemaking in dividing assets, and extended child maintenance for children in higher education.

What this law covers

The Law Reform (Marriage and Divorce) Act 1976 (often called the LRA, Akta 164) came into force on 1 March 1982. It replaced the many old customary and religious marriage systems for non-Muslims with one law. It covers:

who may marry and the minimum age;
how a marriage is solemnised (diupacarakan) and registered (didaftarkan);
divorce (perceraian) and judicial separation;
maintenance (nafkah) for a spouse and children;
custody (hak jagaan) of children;
division of matrimonial assets (aset perkahwinan).

Divorce and related orders are made by the High Court. Muslims are governed by state Islamic family law instead; see Islamic Family Law (Federal Territories) Act 1984 and Muslim family law.

Who it applies to

The Act applies to all persons in Malaysia and to people domiciled in Malaysia who live abroad (s 3(1)). A Malaysian citizen is presumed to be domiciled in Malaysia (s 3(2)). It does not apply to:

a Muslim, or anyone married under Islamic law (s 3(3)); no marriage where one party is Muslim can be solemnised or registered under this Act;
natives of Sabah and Sarawak and Orang Asli of Peninsular Malaysia whose marriage and divorce follow native or aboriginal custom, unless they choose to marry under the Act (s 3(4)).

Minimum age: a marriage is void if either party is under 18, unless the bride has turned 16 and the Chief Minister has granted a licence (s 10; s 21(2)).
Parental consent: a person under 21 needs the written consent of a parent (or, for an adopted child, an adoptive parent) before marrying, even though the age of majority is 18 (s 12, amended 2017 so that either the father or the mother can consent).
Prohibited relationships: you cannot marry close relatives listed in s 11 (for example a parent, sibling, aunt or uncle, niece or nephew).
Notice: each party gives notice in person to the Registrar of the district where they have lived for the 7 days before (s 14). The notice is displayed publicly (s 15). After 21 days the Registrar may issue a certificate for marriage (s 17). If the marriage does not take place within 6 months, the notice lapses (s 18).
Ceremony: the marriage is solemnised by a Registrar, or by a religious or customary Assistant Registrar appointed for a church, temple or community (ss 22 to 24). Two witnesses attest the register entry (s 25).
Registration is compulsory for persons resident in Malaysia (s 27). Registration is handled by the National Registration Department (JPN).

Divorce: the rules

The two-year bar (s 50). No divorce petition may be filed within two years of the marriage. A judge can allow an earlier petition only for exceptional circumstances or exceptional hardship, having regard to the children and whether reconciliation is possible.

Joint petition by mutual consent (s 52). After two years, husband and wife can file a joint petition (petisyen bersama). The court grants the divorce if both freely consent and proper provision is made for the wife and for the support, care and custody of any children. A joint petition does not need a marriage tribunal certificate (s 106(1)).

Single petition on breakdown (ss 53, 54). Either spouse can petition on the sole ground that the marriage has irretrievably broken down (pecah belah dan tidak dapat dipulihkan). The court looks at one or more of these facts (s 54(1)):

adultery, and the petitioner finds it intolerable to live with the respondent;
behaviour such that the petitioner cannot reasonably be expected to live with the respondent;
desertion for a continuous period of at least two years;
living apart for a continuous period of at least two years.

Reconciliation first (s 106). Before a single petition, you must normally refer the problem to a conciliatory body, usually a marriage tribunal (tribunal perkahwinan) at the National Registration Department, and obtain a certificate that it failed to reconcile you. Exceptions include where the spouse has deserted and cannot be found, lives abroad, refused to attend, is imprisoned for five years or more, or has an incurable mental illness. The court may also adjourn to allow reconciliation (s 55).

The court first grants a decree nisi, After three months you can apply to make it final (decree absolute). You are not divorced, and cannot remarry, until the decree is made absolute. Then submit the original decree to JPN so your records are updated.

After divorce: maintenance, custody and assets

Maintenance of a spouse (s 77). The court may order a man to pay maintenance to his wife or former wife during proceedings or on divorce. It can order a woman to maintain her husband if he cannot earn a living because of illness or injury. The amount is based mainly on the means and needs of the parties (s 78).

Children. Each parent has a duty to maintain their children (s 92), and the court can order maintenance (s 93). Orders normally run until the child turns 18, longer if the child has a disability, and, since the 2017 amendment, until the child completes further or higher education or training (s 95).

Custody (s 88). The welfare of the child is the paramount consideration. The court also considers the wishes of the parents and of a child old enough to express an independent opinion. There is a rebuttable presumption that a child under seven is better with the mother. Siblings can be placed with different parents if that is best for each child. Orders can be varied when circumstances change (s 96).

Matrimonial assets (s 76). On divorce or judicial separation the court can divide assets acquired during the marriage, or order them sold and the proceeds divided. Since the 2017 amendment, the court looks at contributions in money, property or work (including paying family expenses), the other spouse's contribution by looking after the home and family, debts, the needs of minor children and the length of the marriage. Assets owned before marriage can count if substantially improved during the marriage (s 76(5)).

When one spouse converts to Islam

The 2017 amendments (Act A1546, in force 15 December 2018) changed the position when one spouse converts to Islam:

Either spouse, including the one who converted, may petition for divorce under s 51 or s 53, or both may file a joint petition under s 52 (s 51(1)). Previously only the non-converting spouse could petition, and only after three months.
The civil court keeps exclusive jurisdiction over the dissolution of the civil marriage and all incidental matters, and its decree and orders on maintenance, custody and assets bind the converted spouse (s 3(3)).
If the converted spouse dies before the civil marriage is dissolved, the court can divide that spouse's matrimonial assets among the surviving spouse, children and the deceased's parents (new s 51A).

On the religion of the children, the Federal Court held in Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak & Ors [2018] 1 MLJ 545 that converting a minor child requires the consent of both parents.

Where to go

Marriage, registration and the marriage tribunal: the National Registration Department (JPN).
Divorce, maintenance, custody, assets: the High Court (Family Division) where you live. See Family law and Courts.
Violence at home: see Domestic Violence Act 1994.
Help with fees: see Getting legal help (Legal Aid Department, Bar Council legal aid centres).

Laws cited on this page

Act 164	Law Reform (Marriage and Divorce) Act 1976 · Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976	Official text
Act 521	Domestic Violence Act 1994 · Akta Keganasan Rumah Tangga 1994	Official text
Act 574	Penal Code · Kanun Keseksaan	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 3	Who the Act covers; excludes Muslims and natives/Orang Asli married under custom; s 3(3) keeps civil-court jurisdiction when a spouse converts.
s 5, s 6, s 7	Monogamy: a second marriage while the first subsists is void and is treated as bigamy under Penal Code s 494.
s 10	Marriage void if either party is under 18, except a girl of 16 or 17 with the Chief Minister's licence.
s 12	Written parental consent needed for anyone under 21.
ss 14, 17, 18	Notice of marriage; certificate after 21 days; notice lapses after 6 months.
s 27	Marriages of persons resident in Malaysia must be registered.
s 50	No divorce petition within two years of marriage, unless exceptional circumstances or hardship.
s 51, s 51A	Divorce where one spouse converts to Islam; either spouse may petition; division of a deceased convert's matrimonial assets.
s 52	Joint petition for divorce by mutual consent.
ss 53, 54	Single petition: irretrievable breakdown proved by adultery, behaviour, desertion (2 years) or separation (2 years).
s 76	Division of matrimonial assets; factors include contributions, homemaking, debts, children's needs and length of marriage.
s 77, s 78	Maintenance for a wife (or an incapacitated husband), based on means and needs.
s 88	Custody: welfare of the child is paramount; presumption for the mother of a child under seven.
s 92, s 93, s 95	Parents' duty to maintain children; orders until 18, or later for disability or higher education.
s 106	Must refer to a conciliatory body (marriage tribunal) before a single petition, with listed exceptions.

Worked examples

Example 1: Married 14 months and want out

Facts. Mei Ling married Jason 14 months ago. They argue constantly and both want a divorce now.

The law. Section 50 bars any divorce petition within two years of marriage. A judge may give leave to file earlier only for exceptional circumstances or exceptional hardship. Ordinary incompatibility is unlikely to qualify.

Outcome. They will probably need to wait until the two-year mark and then file a joint petition under s 52. If there is violence, Mei Ling can apply for protection under the Domestic Violence Act at once, regardless of the two-year rule.

Example 2: One spouse refuses to divorce

Facts. Ravi and Kavitha have been married 9 years and have lived apart for 3 years. Ravi wants a divorce; Kavitha refuses to sign anything.

The law. Without consent, Ravi files a single petition under s 53, relying on two years' separation under s 54(1)(d). He must first refer the matter to the marriage tribunal (s 106) and obtain its certificate, unless an exception applies (for example Kavitha refuses to attend).

Outcome. If the court is satisfied the marriage has irretrievably broken down, it can grant a decree nisi. Kavitha can still ask for maintenance, custody orders and a share of the matrimonial assets.

Example 3: Homemaker's share of the house

Facts. Siew Lan gave up her job to raise three children while her husband paid for the family home, which is in his name. They are divorcing after 20 years.

The law. Since the 2017 amendment, s 76 lets the court consider her contribution to the welfare of the family by looking after the home and caring for the family, the length of the marriage and the children's needs, not just who paid.

Outcome. She can ask for a share of the house even though it is in her husband's name. The court decides the proportion; it no longer has to give the paying spouse a larger share.

Example 4: Husband converts to Islam

Facts. Mr Wong converts to Islam. His wife, who has not converted, wants a divorce and custody of their two children.

The law. Under the amended s 51, either spouse may petition the civil High Court for divorce, and under s 3(3) the civil court has exclusive jurisdiction over the dissolution and incidental orders, which bind Mr Wong.

Outcome. Mrs Wong files in the High Court. The court decides custody on the welfare of the children (s 88) and can order maintenance and division of assets.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Can I get divorced in the first two years of marriage?

Not normally. Section 50 bars a divorce petition within two years of the marriage. A judge may give leave to file earlier only for exceptional circumstances or exceptional hardship, after considering any children and the chance of reconciliation.

What is the difference between a joint petition and a single petition?

A joint petition (s 52) is filed by both spouses who agree to divorce and agree on arrangements for the wife and children; it is usually faster and cheaper. A single petition (s 53) is filed by one spouse alone, who must prove the marriage has irretrievably broken down using one of the facts in s 54, usually after going to the marriage tribunal (s 106).

Do I have to go to the marriage tribunal?

For a single petition, generally yes: s 106 requires a certificate from a conciliatory body that it failed to reconcile you. It is not needed for a joint petition (s 52) or a conversion petition (s 51), and there are exceptions, for example where your spouse has deserted you and cannot be found or lives abroad.

Can a 17-year-old non-Muslim marry?

A boy cannot. A girl who has turned 16 can marry only if the Chief Minister grants a licence (s 10 and s 21(2)). Anyone under 21 also needs written consent from a parent (s 12).

Who gets the children after divorce?

The court decides, with the welfare of the child as the paramount consideration (s 88). It considers the parents' wishes and the child's wishes if the child is old enough. A child under seven is presumed to be better with the mother, but that presumption can be rebutted.

How long must a father pay child maintenance?

Usually until the child turns 18. Since the 2017 amendment to s 95, it can continue while the child is pursuing further or higher education or training, and for as long as a child has a physical or mental disability.

Is my marriage valid if it was never registered?

Registration is compulsory (s 27), but s 34 says registration alone does not make a marriage valid or invalid. However, the court can generally grant a divorce only for a marriage registered or deemed registered under the Act (s 48), so an unregistered marriage can cause serious problems. Get advice.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Family law: marriage, divorce, maintenance and custody Islamic Family Law (Federal Territories) Act 1984 (Act 303)Muslim family law and Islamic estate planning Domestic Violence Act 1994 Child Act 2001 Wills, intestacy and probate (non-Muslim estates)Courts and their powers Getting legal help