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Law Reform (Marriage and Divorce) Act 1976

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Benny
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The Law Reform (Marriage and Divorce) Act 1976 (commonly referred to as the LRA 1976) is the primary legal framework governing marriage and divorce for non-Muslims in Malaysia. The act addresses various aspects of family law, including the solemnisation, dissolution, maintenance, child custody, and division of marital assets.

Key Provisions of the Law Reform (Marriage and Divorce) Act 1976

1. Marriage (Part II)

  • Requirements: The LRA 1976 outlines the legal requirements for a valid marriage, including the legal age (18 for both males and females or 16 for females with special consent).

  • Monogamy: The Act mandates that marriages must be monogamous, meaning that a person cannot be married to more than one spouse at a time.

2. Divorce (Part IV)

  • Grounds for Divorce: A divorce can be granted if the marriage has broken down. Grounds for proving this include adultery, desertion, unreasonable behaviour, and separation for at least two years (with both party’s consent) or five years (without permission).

  • Cooling-Off Period: Couples must undergo a three-month reconciliation process if they seek a divorce within two years of marriage.

3. Child Custody (Part VIII)

  • Best Interests of the Child: The court prioritises the child's best interests when determining child custody. Joint or sole custody may be granted, depending on the circumstances.

  • Parental Responsibility: Both parents are responsible for caring for and supporting the child, even after divorce.

4. Maintenance (Part VII)

  • Spousal Maintenance: The court may order one spouse to financially support the other spouse, mainly if one spouse is economically dependent on the other.

  • Child Maintenance: Both parents are responsible for supporting their children financially, and the court can order either parent to make child maintenance payments.

5. Division of Matrimonial Assets (Part IX)

  • Upon divorce, the court will determine a fair division of marital assets acquired during the marriage. Factors considered include each party's contribution to the marriage and financial and non-financial contributions.

The Law Reform (Marriage and Divorce) Act 1976 plays a central role in regulating non-Muslim family law matters in Malaysia, ensuring that issues of marriage, divorce, child custody, and asset division are handled fairly and by legal principles.

If you're involved in matters governed by the LRA 1976, it's important to seek legal advice to fully understand your rights and obligations.

law reform