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Showing posts from December, 2023

Deciphering Prenuptial Agreements in Malaysia: What You Need to Know

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  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

Selling your business? Do you need a lawyer?

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  Why the Sale and Purchase Agreement is Crucial in Malaysia's Business Landscape In the realm of Malaysian business, crafting a sale and purchase agreement is a pivotal step that should not be overlooked. There are several key advantages, especially when involving lawyers in the drafting process. Legal Safeguard: The sale and purchase agreement establishes a robust legal foundation for both parties. Involving lawyers ensures the formulation adheres to Malaysia's business regulations, providing a legal safeguard that aligns with the law. Detailed Definitions: Lawyers aid in formulating the agreement with clear and detailed definitions of crucial aspects such as transferred assets, sale price, and payment terms. This prevents any ambiguity that could lead to disputes in the future. Protection of Interests: A well-crafted agreement considers not only the seller's interests but also those of the buyer. Lawyers can ensure that the rights and responsibilities of both parties