Malaysian Law On Division Of Matrimonial Assets

The extent of the contributions made by each party in money property or work towards acquiring improving or maintaining the matrimonial assets.

Malaysian law on division of matrimonial assets. If you are in the midst of a divorce it is always advisable to seek independent legal advice to ensure your. Legitimacy where nullity decree made part vii matters incidental to matrimonial proceedings 76. Debts of a spouse for the benefit of both parties. In malaysia there are two sets of laws that are applicable in personal matters of intestacy marriage divorce custody of children and division of assets on the breakdown of a marriage.

The article focuses on the development of the law governing the division of. If there is no settlement reached a contested ancillary matters hearings will be held. 1 notwithstanding section 51 when an order is issued by a court that part of the sums of money standing to the credit of a member of the fund is matrimonial asset the board may after being served with the sealed order transfer the sum of money as ordered by the court from the account of a member of the fund into the account of the receiver named in the order subject to any terms and conditions as prescribed by the board. If the net value of matrimonial assets does not exceed s 1 5 million it will be held in the family court.

The needs of the children of the marriage. Court can divide assets obtained during marriage by joint efforts of the spouses. They are distinct and separate jurisdictions. The laws governing non muslims and the laws governing muslims.

When dividing assets in divorce the court s primary objective is to make sure that all parties are treated fairly. Contribution by either spouse in money assets or work. Any case involving a larger value of assets will be heard in the high court. Marriages governed by foreign law or celebrated abroad under malaysian law 73.

Section 76 of the law reform marriage and divorce act 1976 act empowers the malaysian court when granting a decree of divorce or judicial separation to order the division between the parties of any assets acquired during the marriage. Needs of young children. Court s power to divide matrimonial assets. In this regard a distinction is drawn between those assets acquired by the joint efforts of both husband and wife and those acquired by the sole effort of one spouse.

Matrimonial property under the malaysian family law refers to the property that is jointly acquired by husband and wife during the marriage. Ancillary matters such as the division of matrimonial assets are decided here. Under the present law in dividing the matrimonial property upon divorce the court will look at the parties contribution either through direct or indirect contribution. In dividing the assets the court would consider the followings.

The law surrounding the division of matrimonial property and assets is lengthy and complicated. Collusion not to be bar to relief in cases of nullity 75. Effect of decree of nullity in case of voidable marriage 74. Division of jointly acquired assets.

Under singapore law the court has the power to order the division of matrimonial assets in a just and equitable manner.