Deciphering Prenuptial Agreements in Malaysia: What You Need to Know
In Malaysia, figuring out whether prenuptial agreements (prenups) hold water can be a bit like navigating a maze. Unlike some places where prenups are a sure thing, Malaysia requires a more careful look. Section 47 of the Law Reform (Marriage and Divorce) Act (LRA) throws a curveball, saying we can borrow ideas from English law if it fits with our rules. So, why look to English law? Well, until Malaysian courts spell it out, English cases can be a guide. We argue that prenups could be enforced in Malaysia, as long as the terms doesn't contravene provisions in the LRA. But here's the twist: In Malaysia, prenups don't get a clear thumbs-up or thumbs-down . It's a bit like going to court and hoping they see things your way. The court decides if the prenup is fair and sensible, weighing in on how the couple acted when making the agreement. Section 56 of the LRA —a game-changer. This section lets couples show the court their prenup during divorce proceedings. The court th