'I Object!': The Law Surrounding Marriage Caveats in Malaysia

Most of us are familiar with the term ‘land caveats’, which are typically lodged to protect one’s interest on a piece of land. What then are marriage caveats?

Pursuant to section 19 of the Law Reform (Marriage and Divorce) Act 1976 (“LRA1976”), marriage caveats are essentially ‘notices’ lodged with the Registrar of Marriage, with the intention of halting a civil marriage from proceeding (at least until the objection raised can be heard).

1. Time Frame to Lodge a Marriage Caveat

In law, there is no fixed time frame for one to lodge a marriage caveat. However, what remains imperative, is that the caveat must be lodged at any time before a marriage certificate is issued (otherwise it will NOT be accepted).

In short, a person objecting to a marriage has approximately twenty-one (21) days (from the date the Notice of Marriage is published in the office of the Registrar of Marriages, until the certificate of marriage is issued) to lodge the caveat.

2. How do I Apply for a Marriage Caveat?

In applying for a caveat, the complainant merely has to state his/her full name, place of residence and grounds of objection. The typically cited grounds of objection, are:

1. That the bride or groom are already legally married to someone else;
2. That the bride or groom are underage;
3. That the groom is planning to marry his long-time mistress;
4. That either the bride or groom did not consent to the marriage; and/or
5. That either one party to the marriage is mentally unfit, and therefore unable to give valid consent.

In essence, the grounds of objection cited by the complainant must NOT be frivolousor baseless and where possible, be accompanied by evidence.

3. What happens After a Caveat is Entered?

Once a caveat has been successfully entered, in accordance with Section 19 of the LRA 1976, the aggrieved party (whose application for the issuance of a marriage certificate has been refused), may appeal to the High Court (see: Section 20 of the LRA 1976).

During the appeal stage, the High Court will consider all allegations and/or evidence in opposition and/or in support of the objection(s) raised, and will hand down its decision accordingly. A decision handed down by the High Court in relation to the caveat will be final and there shall be no further appeal against said decision.

Notwithstanding the above, in the event that the High Court finds the ground(s) of objection raised to be frivolous and/or baseless, the complainant who entered the caveat will ultimately be liable for: -

1. costs of all proceedings relating thereto; and
2. damages to be recovered by a subsequent suit or action by the aggrieved party against whose marriage such caveat was entered (see: Section 20(7) of the LRA 1976).

Conclusion

In conclusion, marriage caveats are somewhat similar to land caveats (in that both are entered with the intention to protect the interests of parties). However, before even thinking about lodging a caveat (to temporarily halt another’s marriage), one has to be very sure that the grounds of objection raised are valid, not frivolous and supported by evidence. If not, one risks bearing the costs and/or damages associated with it.