Forced Marriage in Malaysia: What Can You Do?
This may come to a surprise to many – that non-Muslim forced marriage still exist today in Malaysia.
Yes. You read it correctly.
Some may find that the forced marriage turns out fine but some of them are not. Afterall, the marriage is not voluntarily consented into by either party. It is not something you want in the first place.
If you have been forced into a marriage and parties have registered the marriage legally under the law in Malaysia, what can you do if you wish to leave the marriage?
As a non-Muslim in Malaysia, you have 2 options to leave or end the said forced marriage in Malaysia.
Annulment of Marriage
What is an annulment?
Annulment is basically an application to the Court to declare that the marriage is invalid or non-existence due to the fact that you are being coerced or forced into the marriage where there is no valid consent from either party.
Under the Law Reform (Marriage & Divorce) Act 1976, specifically under Section 70 (c) of the 1976 Act, it reads as follows:
(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;
Hence, it is important for the applicant to demonstrate that the marriage is not voluntarily entered into by the applicant due to the fact that there is external pressure from family members, relatives or even friends.
It is important to note that one can apply for annulment even if the marriage is less than 2 years.
Do note that the applicant has the responsibility to prove this fact of coercion or pressure in the Court. This will not be easy, more so if the annulment is disputed by the other party.
File for a Divorce
Getting a divorce is a more well-known way to end a marriage.
However, if the marriage is less than 2 years, you cannot apply for a divorce even if the divorce is mutually agreed unless you can prove that there is some sort of exceptional circumstances or hardship suffered by the applicant.
In this case, if you have to demonstrate that the forced marriage must constitute an exceptional circumstance, and at the same time, it is causing hardship to the applicant.
If the marriage is more than 2 years, it is relatively easier and faster to get a divorce in Malaysia especially if the divorce is mutually agreed by both parties.
What Option Should I Take?
Essentially, if the marriage is less than 2 years, it is best to opt for an annulment of marriage and you need to show that your marriage is not a valid marriage since it is not voluntarily entered into due to the pressure of family members or relatives.
In the event if the marriage is more than 2 years, you may opt for a divorce, preferably by way of a mutual divorce (to file joint petition for divorce) in order to save time and cost to end the marriage legally in Malaysia.
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