Legal Validity of Marriages without Cohabitation: Malaysian Case Study
Understanding Void Marriages and Annulments
When two individuals enter into a marriage, the laws of the jurisdiction where the marriage took place determine whether the marriage is considered valid or null and void. This article explores the legal grounds under which a marriage might be considered void or annulled, particularly in the context of a couple who have never lived together.
Void Marriages and Annulments: What They Mean
When a marriage is void, it means the marriage was never valid from the beginning due to specific legal requirements being violated. These violations can include:
Bigamy: If one or both parties were already married to someone else. Incest: If the parties are close relatives. Lack of Capacity: If one party lacked the mental capacity to consent.An annulment declares that the marriage was never valid, even if it was valid when entered into. Grounds for annulment include:
Accomplice Lack of Consent: Due to duress, fraud, or incapacity. Minority: One party was underage without proper consent. No Consummation: The marriage was not consummated due to inability, often referred to as impotency.Are Marriages without Cohabitation Void or Eligible for Annulment?
The fact that a couple never lived together does not automatically make a marriage void or eligible for annulment. However, it may be relevant if one party claims the marriage was based on fraud or if they were coerced into the marriage. The legal proceedings for both void marriage and annulment depend on the specific circumstances and can be quite complex.
In the case described, a girlfriend from Malaysia, who was previously married in 2019, and the current boyfriend never lived together. The previous marriage could still be legally valid despite the lack of cohabitation. The current boyfriend and the ex-husband no longer meet, and the couple has not married in Malaysia. Legally, the marriage may be sought to be annulled on the ground of non-consummation due to the ex-husband's impotency.
Legal Actions: Petitioning for Annulment or Divorce
If the couple wishes to dissolve the marriage, the following legal actions might be considered:
Annulment: Seeking an annulment in Family Court, where evidence from both parties will be examined to determine if the marriage can be annulled. Divorce: Seeking a divorce on grounds such as: Cruelty: If the respondent spouse is cruel or refuses to have sex. Desertion: If the respondent spouse has deserted the petitioner for more than 2 years.Each case must be evaluated individually, and legal advice should be sought from an attorney in the jurisdiction where the marriage took place.
Conclusion
In summary, a marriage without cohabitation is not inherently void or eligible for annulment. However, special circumstances such as fraud, impotency, or duress might lead to annulment. For couples facing such situations, consulting with a family law attorney is crucial to understand their options and comply with local laws.
References
Further reading and resources can be found on legal websites and in legal texts on family law and matrimonial rights.