Law Reform (Marriage and Divorce) Act 1976 (Act 164) & Rules [As At 10th August 2023]

Law Reform (Marriage and Divorce)

Act 1967 (Act 164) & Rules

An Act to provide for monogamous marriages and the solemnization and registration of such marriages; to amend and consolidate the law relating to divorce; and to provide for matters incidental thereto.

Detailed Contents of Law Reform (Marriage and Divorce) Act 1976 (Act 164):

A Malaysian law known as the Law Reform (Marriage and Divorce) Act 1976 (Act 164) regulates marital dissolution, the division of matrimonial property, and child custody in the case of a divorce. All marriages in Malaysia that have been registered are covered by the Act.

According to the Act, a marriage may be dissolved by either party if the couple has been apart for at least two years or if there has been an irreparable collapse of the marriage. The Act specifies a number of grounds for divorce, such as cruelty, adultery, and desertion.

In the case of a divorce, the Act also specifies how marital property will be divided. According to the Act, all assets accumulated during a marriage are deemed to be matrimonial property and must be shared fairly and equitably between the parties. According to the Act, the court must consider a number of considerations when deciding how to divide the property, including each party's contributions to the marriage, the requirements of any children, and each party's financial means.

In addition to the Act, there are rules that offer more information on how the Act will be put into practise. These regulations, which were most recently revised on October 15, 2021, cover the steps for requesting a divorce, the requirements for submitting affidavits and other documents, the processes for dividing marital property, and the custody of children.

The regulations also call for the employment of mediators, who can help parties come to an agreement prior to the divorce being declared official. The rules outline the requirements and qualifications for becoming a mediator as well as the steps involved in mediating disputes.

It is important to remember that the Law Reform (Marriage and Divorce) Act 1976 was passed to create a more contemporary and fair framework for divorce in Malaysia. The Act aims to ensure that the distribution of property is fair and equitable and that the interests of all parties, including children and the parties themselves, are protected. The Act and its implementing guidelines offer a clear and open procedure for resolving marital conflicts and ending marriages.

Law Reform (Marriage and Divorce) Contains:

Law Reform (Marriage and Divorce) Act 1976 (Act 164)
Divorce and Matrimonial Proceedings Rules 1980
Law Reform (Marriage and Divorce) Rules 1982