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  • Writer's pictureSreedhara Naidu

Asset Divison In A Malaysian Divorce

Updated: Mar 4, 2023

In Malaysia, the rights of non-Muslims to matrimonial assets are governed by the distribution of property laws under the Law Reform (Marriage and Divorce) Act 1976.

Matrimonial assets generally include any property or assets acquired by either spouse during their marriage, such as real estate, investments, and savings.

Under the law, matrimonial assets are considered joint property of both spouses, regardless of who acquired them.

When a marriage ends in divorce, the court will divide the matrimonial assets between the spouses in a manner that is fair and equitable, taking into account various factors such as the financial needs and contributions of each spouse during the marriage.

In Malaysia, the court has broad discretion when it comes to dividing matrimonial assets and may take into account a range of factors, including:

  • The length of the marriage

  • The financial contributions of each spouse during the marriage, including income, savings, and investments

  • Non-financial contributions, such as caring for children or managing the household

  • The needs of the children (if any)

  • The standard of living enjoyed by the couple during the marriage

It is important to note that the law regarding matrimonial assets may differ for Muslims in Malaysia, as Islamic law governs family matters for Muslims. Under Islamic law, the division of matrimonial assets is based on the concept of harta sepencarian, or joint property, which generally means that assets acquired during the marriage are considered to be the joint property of both spouses and should be divided equally

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