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 then gives its two cents on whether the prenup is sensible and fair.

In a nutshell, Section 56 lets couples bring their prenup drama to court for a verdict on how to divvy up their stuff. But, and it's a big "but," the court's decision depends on what it thinks is reasonable and fair.

So, as Malaysia figures out the prenup puzzle, we're left watching this legal dance unfold. Keep your eyes peeled for more updates on the ongoing story of prenuptial agreements in Malaysia.

Comments

Post a Comment

Popular posts from this blog

I merely shared a defamatory statement made by someone else, am i liable for Defamation?

Image
 WELL YES! A republication of a defamatory statement is also considered to be defamatory. In the case of YB Hj Khalid bin Abdul Samad v Datuk Aziz bin Isham & Anor [2012] 7 MLJ 301, the High Court quoted Gatley on Libel and Slander (8th Ed), at p 117 which states that "every republication of a libel is a new libel and each publisher is answerable for his act to the same extent as if the calumny originated with him". Accordingly, every repost or share of a defamatory statement is considered a new publication because those who do so are deemed to have approved, endorsed or repeated the same. This position was reiterated in the recent Court of Appeal case of Raja Syahrir bin Abu Bakar & Anor v Manjeet Singh Dhillon and other appeals [2019] MLJU 75. Therefore please be careful with what you share in social media as this can land you in very expensive litigation.
Read more

Time to lawyer up and get your will sorted! What do you need to bring along?

Image
Making a WILL can seem like an uphill task, but it is necessary to make sure that all your assets are properly divided when you pass away in line with your wishes and preferences. Don't be fooled into thinking only the uber-rich or complicated peeps need wills. A WILL is a smart move for everyone! Here's why: Call the shots on who gets what when you're gone. Keep those precious assets away from any undesirables (no offense to Aunt Michelle). Handpick who takes care of your little ones. Don't let the courts decide! Give your heirs a quicker and smoother path to their inheritance (who doesn't like less drama?). Plan ahead to save your estate some cash-money and even do some good in the world with charitable donations. Winning all around!  Well... Many clients have this one question to ask when they call to set an appointment to draw up their WILL. What are the documents and/or information I should bring along for our meeting? Here you go:- 1.      A copy of your IC (I
Read more

Unlocking the Legal Potential of Whatsapp: How Chat Messages Hold Weight in Debt Recovery Cases

Image
One question that frequently arises in legal discussions is whether Whatsapp messages can be utilized as evidence in court, even in debt recovery cases. Many individuals mistakenly assume that Whatsapp's informal nature would render its messages inadmissible. However, let me tell you an interesting story that showcases the contrary. Consider a recent debt recovery case, where Mr. Lee was pursuing payment from Mr. Tan, who had borrowed a substantial sum of money. Frustrated with the lack of progress, Mr. Lee decided to turn to Whatsapp messages as evidence of their loan agreement. Now, you might wonder, would these seemingly casual chats hold any weight in a courtroom? The answer is a resounding yes! Allow me to introduce you to the captivating case of Mok Yii Chek v Sovo Sdn Bhd & Ors [2015] MLRHU 196. In this particular legal battle, the High Court shed light on the admissibility of Whatsapp messages in a debt recovery scenario. The court declared that print-outs of emails and
Read more