Skip to main content
Divorce Guide

When Is a Marriage Void in Malaysia?

The legal defects that make a marriage invalid from the start, and how that differs from a voidable one.

Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
2 min readUpdated 7 Oct 20261 sourceLaw Reform (Marriage and Divorce) Act 1976
Contents

What is a void marriage?

A void marriage is one the law treats as never having existed. It is invalid from the day it took place, unlike a voidable marriage, which stays valid until a court sets it aside.

Even so, it is wise to get a formal court decree. Without one, banks, government agencies and JPN may keep treating you as married.

What makes a marriage void?

Under Section 69 of the Law Reform (Marriage and Divorce) Act 1976, a marriage is void if:

  • either party was already lawfully married and that earlier marriage was still in force (bigamy)
  • a man married under 18, or a woman aged 16 to 18 married without a special licence from the Chief Minister
  • the parties are within the prohibited degrees of relationship, meaning too closely related by blood or marriage, unless the Chief Minister granted a special licence
  • the parties are not male and female

A marriage can also be void under Section 22(4) if it was solemnised without a marriage certificate or licence having been issued.

How is a voidable marriage different?

A voidable marriage is valid until the court annuls it. Under Section 70, the grounds are:

  • the marriage was not consummated because either party is unable to
  • the respondent wilfully refuses to consummate it
  • either party did not validly consent, for example because of duress, mistake or unsoundness of mind
  • either party had a mental disorder making them unfit for marriage
  • the respondent had a venereal disease in a communicable form at the time of the marriage
  • the respondent was pregnant by another man at the time of the marriage

For the last two grounds, you must not have known the facts when you married.

What happens when a marriage is declared void?

In law, no marriage ever existed between you. This affects property rights, inheritance and anything else that depends on being married.

The court can still deal with practical matters such as the care and support of any children. Children may also be treated as legitimate, as explained in the FAQ below.

How do you apply?

You file a petition in the High Court stating which ground applies, with supporting evidence. In a bigamy case, for example, that means proof of the earlier marriage.

The petition is served on the other party, and there is a hearing. If the court is satisfied, it grants a decree of nullity.

Nullity cases have strict procedure and evidence rules, so advice from a family lawyer helps. Once your status is clear, you can deal with related matters such as property division and custody.

Looking to engage a divorce lawyer? If you are unsure whether your marriage is void, voidable or needs a divorce instead, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

What is the difference between a void and a voidable marriage?
A void marriage was never legally valid. A voidable marriage is valid until the court annuls it on one of the grounds in Section 70. A void marriage needs no court order to be invalid, but getting a formal decree is still wise.
Are children of a void marriage still legitimate?
Under Section 75(2) of the LRA 1976, a child of a void marriage is treated as legitimate if, when the marriage was solemnised, one or both parents reasonably believed it was valid. Some further conditions apply.
Is there a time limit to ask for a decree of nullity?
The Act sets no time limit for a void marriage. For a voidable marriage, Section 71 says the court will refuse if you led your spouse to believe you would not seek to end it and it would be unjust to them to grant it.

Related reading

Annulment of Marriage in Malaysia

Annulment of marriage in Malaysia under the LRA 1976: the grounds for a void or voidable marriage, how to apply, and what happens to your children.

How Civil Divorce Works in Malaysia: Steps and Timeline

The civil divorce process in Malaysia under Act 164: joint and single petitions, JPN conciliation, decree nisi, timelines and the documents you need.

Annulment vs Divorce in Malaysia: Which Applies to You?

Annulment vs divorce in Malaysia: when a marriage is void or voidable under Sections 69 to 71 of the LRA 1976, and when divorce is the right route.

Contested Divorce in Malaysia: Filing Alone

A contested divorce in Malaysia lets one spouse file alone under Section 53 of the LRA 1976. The four facts you must prove, the steps, costs and what to prepare.

Divorce When Your Spouse Converts to Islam

If your spouse converts to Islam, Section 51 of the LRA 1976 lets you petition the civil court for divorce. When you can file, and custody and property orders.

What If Your Spouse Converts to Islam in a Civil Marriage?

If your spouse converts to Islam during a civil marriage in Malaysia, you can petition for divorce under Section 51 of the LRA 1976. Here is how it works.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.

Request Lawyer Contact