Can a Decree Nisi Be Rescinded in Malaysia?

What does rescinding a decree nisi mean?

A decree nisi is the court’s first divorce order. It is not final until it is made absolute. Rescinding it means the court cancels that order, so the marriage continues in law.

This is different from simply not applying for the decree absolute. If nobody applies, the decree nisi stays in place but the divorce is never finalised. Rescission removes it.

Courts do not rescind lightly. The power exists to make sure divorce orders rest on true and complete information.

What does the Act say?

Under Section 61 of the Law Reform (Marriage and Divorce) Act 1976, a decree nisi usually cannot be made absolute until three months after it was granted.

Section 61(2) covers the case where the spouse who obtained the decree does not apply to make it absolute. After a further three months, the other spouse can apply to the court, and the court may:

• make the decree absolute;
• rescind the decree nisi;
• ask for further inquiry; or
• deal with the case in another way it thinks fit.

Can it be set aside for fraud or new evidence?

A court may set aside an order if it was obtained by fraud, for example false evidence of adultery or hiding that the couple had reconciled. It may also look at important facts that come to light after the decree was granted.

These grounds come from the court’s general powers over its own orders rather than a specific section of the Act. They need clear evidence, so get legal advice on whether they fit your case.

How the application works

1. The applicant files an application with the court that granted the decree nisi, with an affidavit (a sworn statement) setting out the grounds and evidence.
2. The other side is served with the papers.
3. The court hears both sides. The applicant must show, on the balance of probabilities (more likely than not), that the decree should be set aside.

What happens after rescission?

The marriage is treated as if the decree had never been granted. Orders made alongside the decree nisi may also be affected.

The spouse who wanted the divorce can still file again, but must start over with a new petition, service on the other side and a new hearing, for example as a contested divorce.

Rescission is not common. Courts grant it only for strong reasons backed by clear evidence. Timing matters, because the application must come before the decree nisi is made absolute.

Looking to engage a divorce lawyer? If you want to stop or undo a decree nisi and are unsure whether you still have time, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.