Annulment Of Marriage

Annulment of marriage is governed by Section 67 of the Law Reform (Marriage and Divorce) Act 1976. Annulment is nullification of marriage or a legal procedure to cancel a marriage.  Either party to a marriage can apply for an annulment of the marriage. There are two types of marriages which can be annulled: void and voidable marriages.

The following are the CONDITIONS PRECEDENT to be fulfilled before filing of application for an annulment of marriage:
1. The marriage must be registered or deemed to be registered under the Act;
2. The marriage must be monogamous; and
3. The parties to the marriage must reside in Malaysia at the time of the commencement of the proceedings.

For void marriages, a marriage will be treated as having not existed at all after a decree a nullity is ordered by the court. Examples of where marriages will be void are if:
Either party was already married to another person at the time of the marriage, the prior marriage was still in force and the other person was still living at the time of the new marriage;
Parties to a marriage are not respectively male and female; or
Parties to a marriage are within the prohibited degrees of relationship such as parent-child or brother-sister
For voidable marriages, a marriage will still be treated as having existed until the date a decree of nullity is ordered by the court. Examples of where marriages will be voidable are if:
The marriage has not been consummated due to the incapacity or refusal of a party to consummate it;
Either party to a marriage did not consent to the marriage or the marriage was entered into under duress, mistake or unsoundness of mind;
At the time of marriage, a party was suffering from a venereal disease in a communicable form; or
At the time of marriage, the wife was pregnant by some person other than her husband.

Judicial Separation

Judicial Separation is a form of legal separation which allows a husband and a wife to be separated while remaining legally married. A legal separation is granted by a court order and allows the husband and wife to cease cohabitation without dissolving the marriage. A decree of Judicial Separation is a need for some people who do not wish to terminate the marriage due to religious objection and may require some form of recognition of the breakdown of the marriage, since Judicial Separation does not terminate the marriage as it only relieves the parties of the duty to cohabit.

The following provisions will be included in a decree of Judicial Separation: -
Which spouse remains in the matrimonial home;
Child custody and care;
Division of assets; and
Financial relief

The provision on Judicial Separation is Section 64(1) of the Law Reform (Marriage and Divorce) Act 1976 which states that a petition for Judicial Separation may be presented to the court by either party to a marriage on the ground and circumstances set out in Section 54 which shall comprise of the following: 
1. your spouse has committed adultery and you cannot bear living with him/her; or
2. your spouse has behaved in such a way that you cannot be expected to live with him/her; or
3. you and your spouse have lived apart continuously for at least 2 years; or
4. your spouse has left you for a continuous period of at least 2 years.
If the separated parties reconcile and wish to cohabitate again, an application can be made to Court to set aside the decree of Judicial Separation.

Pre-divorce Advisory

Pre-divorce advisory is the process that helps couples decide if it is time to get a divorced. Aided by our experienced family lawyer, both couples or either couple can meet us for consultation to decide if divorce is the answer or not, and what are the steps and consequences that follow that critical decision. 

The ultimate goal of Pre-divorce advisory is to find the best solutions for the couples before they decide to divorce. If the couples decide to divorce, we will find the best way for the well-being of the children and make the best settlement for distribution of the properties. 

Why Us?

We provide the warmest professional service.

We have handled more than 1200 divorce cases since 2016. Our team has been listed as one of the best divorce lawyers in Kuala Lumpur

In Michael Tie & Co, in every case, we set up a “1 + 3” or “1 + 2” special service team, which is led by a senior lawyer who is an expert in Family Law, coordinated by a legal assistant who is always a solicitor and legal support team.

We have compiled a complete and updated court judgement in relation to the divorce cases in Malaysia. We are confident that our divorce lawyers can draw up more effective, accurate and appropriate litigation directions and strategies for you.

Our divorce lawyers will compare court judgments for the past 15 years with your actual situation and from the research, we will give our prediction on possible judgments by the court and we will advise you the best options and strategies you should take. 

We offer free legal consultation. 

We know you need someone to talk to when you are suffering, it is natural to want to talk to consult someone about your problem. You can talk to us about whatever challenges you are experiencing and our experienced family lawyer will help you in the way that you deserve. 

Our charging method is simple, transparent and clear.

Contact Us

Other Divorce Services

Single Petition

When one of the spouse disagree on divorce in some areas, ie, distribution of joint assets.

Joint Petition

When both of you can agree on all issues, ie, maintenance for spouse and children.

Child Custody And Visitation

Dispute of the gardianship and visitation rights of child.

Maintenance To Wife And Children

Provide continuous financial support to the family.

Distribution of Marital Assets

Marital property is distributed equitably in a divorce proceeding.

Annulment Of Marriage

A legal procedure to cancel a marriage.
Michael Tie & Co 


Michael Tie & Co aims to provide the right advice based on our client's situation. We believe everyone deserves to be protected and to protect themselves.


All Rights Reserved by Michael Tie & Co · 
 Disclaimer  · 
Privacy Policy