Contributed by Sumitha Shaanthinni Kishna, Executive Officer, Family Law Committee
NRD officers present: Dato' Mohd Abdul Halim Bin Muhammad – Director General
Wahab Bin Mohd Yasin – Deputy Director General
Savitri Devi – Director of Marriage & Divorce
Md Solehan Bin Omar – Director of Births, Deaths & Adoption
Ainun Zalilah Binti Mohd Salleh – Citizenship Department
Md Ziki Bin A Rahman – NRIC Department
FLC members present: Foo Yet Ngo
Vignesvary Alahakone
Nachammai Kumarappan
Pushpa Ratnam
Devika Sothinathan
(1) Who has the duty of sending/informing the NRD of a decree absolute that has been granted?
Legal Position
Section 107(2) of the Law Reform (Marriage & Divorce) Act 1976 (LRA) states that it is the duty of the court, as the court “shall forthwith send one certified true copy of the decree to the Registrar General for registration”.
Section 107(3) of the LRA requires the parties themselves to personally register the divorce with the NRD only if the decree obtained is from a foreign court.
NRD’s Position
It is the duty of the court to forward a certified true copy of the decree absolute for registration of the divorce.
In the event the court has not forwarded the decree absolute, then the parties can personally update the NRD by producing the original decrees with photocopies of it, or by providing certified true copies from the court. These steps are compulsory to avoid forged decrees being relied upon.
(2) What is the status of a party if the marriage is annulled?
Legal Position
A distinction has to be made, whether the annulment is granted under Section 69 or Section 70 of the LRA:
· Where a marriage is annulled under Section 69 (void marriage), the party will revert to a “single” status.
· Where a marriage is annulled under Section 70 (voidable marriage), the party would be classified as a “divorcee”.
Section 61(1) of the LRA states that every divorce must be granted a decree nisi before it can be made absolute.
Section 73(1) of the LRA, on the other hand, states that a decree of nullity is granted as soon as the petitioner proves his/her case.
NRD’s Position
The NRD maintains that it has been directed by the Attorney General (AG)’s office to classify parties as “divorcees” if the annulment is pursuant to Section 70 of the LRA.
Subsequently, FLC clarified this issue with the AG’s Chambers at a meeting held on 22 June 2009.
The AG agreed that the proposed amendments to classify parties’ status as single in the case of nullity orders in voidable marriages under Section 70 of the LRA be put on hold and be deliberated further. In addition, it was the AG’s view that a marriage falling under Section 70 of the LRA continues to exist until the point it is nullified and hence the parties cannot revert to being classified as singles. Section 73 of the LRA will be amended to include a decree nisi period for voidable marriages. The order for nullity of the marriage only comes into effect from the date of the decree absolute and any obligations prior to that order shall still be valid.
(3) Can any person conduct an NRD search on the marital status of another?
Legal Position
There are no prohibitions.
NRD’s Position
Any search on another’s marital status has to be conducted through a solicitor who will have to state the reason for the search. There have been cases where persons other than the parties to the marriage are seeking such information and the NRD is of the opinion that there is a need to safeguard the confidentiality of the persons involved.
(4) Is there a need to obtain a court order to register a foreign decree?
Legal Position
Section 107(3) of the LRA states that where a marriage, solemnised in Malaysia is dissolved or annulled by a foreign decree, then either party may apply to the Registrar General of Marriages to register the foreign decree and the Registrar General shall, if he is satisfied that the decree is valid, register the decree.
There is no provision for registration of a foreign divorce in the case of a foreign marriage which is only registered at a Malaysian embassy or High Commission abroad.
NRD’s Position
NRD insists on having a court order before recognising a foreign decree and registering the same. This is despite some instances where the court has refused to make such an order as Section 107(3) of the LRA only requires parties to register a foreign decree with the NRD, without the need for a court order.
The NRD clarifies that if the marriage was solemnised lawfully in Malaysia or at a Malaysian embassy abroad, then a foreign decree may be registered. But in the case of foreign marriages, whether registered or not with a Malaysian embassy abroad, a court order is required to register a foreign divorce. Solemnisation of a marriage at a Malaysian embassy abroad has to be in accordance with Section 26 of the LRA.
(5) In what circumstances can the NRD refuse to register a father’s name in the birth certificate of a child?
Legal Position
Section 13 of the Births and Deaths Registration Act 1957 (1957 Act) states that a statutory declaration from the father of the child confirming that he is the father of the child is sufficient to register his name on the child’s birth certificate without having to produce a marriage certificate.
Section 15 of the 1957 Act states that a marriage certificate and a statutory declaration are necessary to register the father’s name on the child’s birth certificate.
NRD’s Position
The NRD confirmed that it would allow all registrations if Section 13 of the 1957 Act is complied with.
(6) Can any person change his/her given name?
Legal Position
You may do so if you are above 18.
NRD’s Position
The NRD will not entertain any application for a change of name on grounds of numerology/astrology/health, as it is concerned that some people change their name to avoid loan sharks. The only exception allowed is on grounds of conversion to Islam. The NRD no longer accepts an alias.
(7) How does one rectify any error or omission in a death certificate?
NRD’s Position
Family members of the deceased may apply to amend any error in the death certificate.