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  • 24 April 2024

Boundless Horizons | Lee Sok Wah: The Latest Trends in the 1976 Law Reform (Marriage and Divorce) Act

The 1976 Law Reform (Marriage and Divorce) Act, which promotes monogamy, was not implemented until 1 March 1983. From what Ms. Alice Lee understands, this delay was due to concerns among non-Muslim communities that non-Muslim men, who had enjoyed the benefits of polygamy, would consider converting to Islam to continue their polygamous lifestyle. The Act underwent numerous revisions over seven years until all parties were satisfied with its provisions.

Strictly speaking, the intention behind this reform was positive. Harmonious marriages, as Princess Diana of England once said before her divorce, require fidelity from both partners. Crowded marriages are unlikely to last. However, the implementation of this Act has led to many family tragedies. For instance, the Act stipulates that the government only recognizes registered marriages. Children born to Malaysian male citizens and foreign women who were not registered at the time of birth cannot automatically become Malaysian citizens.

Ms. Alice Lee has observed that a significant number of children are affected by this. It requires political attention and legal amendments to address their plight. Before the implementation of the Act, children would not lose their citizenship if their parents did not register their marriage. As long as biological parents could prove they had a traditional wedding ceremony, the lack of a registered marriage was inconsequential.

Consequences of Not Registering Marriages

While Ms. Alice Lee does not deny the importance of marriage registration, she emphasizes the severe consequences of not registering. Children have become victims of unregistered marriages. Recently, Ms. Alice Lee handled a divorce case that became a public topic because my client had an agreement with his wife allowing him to have a mistress at any time during their marriage. The judge agreed with our argument, stating that if the wife initially agreed to this arrangement, infidelity could not later be cited as a reason for the marriage breakdown.

The law requires that one must present at least one of four reasons for unilateral divorce: adultery, two years of separation, abandonment for at least two years, or unreasonable behavior by the spouse. In this case, the wife’s emphasis on her husband’s infidelity became untenable due to the signed agreement.

Divorce Property Distribution

Besides maintaining monogamy, the Act also regulates the distribution of marital property upon divorce. Initially, the law valued the contributions of each spouse in acquiring marital assets. However, a 2017 amendment shifted towards a fair distribution model rather than contribution-based. Now, a wife who only cares for the children without participating in the business can claim half of her husband’s assets. This trend may undermine confidence in registered marriages, leading people to avoid marriage or sign prenuptial agreements to protect their wealth.

In this era of distrust, divorce has become common. Ms. Alice Lee hopes everyone can find a good match, grow old together, and enjoy a lifetime of love.

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