DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA

DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA When marriage turns sour married couple who intends to divorce, should bear in mind that all their properties wherever they situate, whether in or outside the country may be divided between themselves. They may decide among themselves who gets what and where but when they could not agree to the division, under section 76 of the Law Reform (Marriage and Divorce) Act 1976, the court has power to order for division of matrimonial assets between them. What Amounts to Matrimonial Assets? The Law Reform (Marriage and Divorce) Act 1976 does not define what matrimonial assets are but it refers to the matrimonial home and everything that is put into it by either spouse with the intention that their home and chattels should be a continuing resource for the spouses and their children to use jointly and severally for the benefit of the family as a whole – Watchel v. Watchel [1973] 1 All ER 829 CA. Matrimonial assets include both moveable and immovable properties of the couple gained during marriage. Therefore, matrimonial assets include moneys, EPF, cars, shares, jewelleries, matrimonial home, lands, factories and so forth. Note that, this does not mean properties bought […] read more

DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA

DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA   When marriage turns sour married couple who intends to divorce, should bear in mind that all their properties wherever they situate, whether in or outside the country may be divided between themselves. They may decide among themselves who gets what and where but when they could not agree to the division, under section 76 of the Law Reform (Marriage and Divorce) Act 1976, the court has power to order for division of matrimonial assets between them.   What Amounts to Matrimonial Assets? The Law Reform (Marriage and Divorce) Act 1976 does not define what matrimonial assets are but it refers to the matrimonial home and everything that is put into it by either spouse with the intention that their home and chattels should be a continuing resource for the spouses and their children to use jointly and severally for the benefit of the family as a whole – Watchel v. Watchel [1973] 1 All ER 829 CA. Matrimonial assets include both moveable and immovable properties of the couple gained during marriage. Therefore, matrimonial assets include moneys, EPF, cars, shares, jewelleries, matrimonial home, lands, factories and so forth. Note that, this does not mean […] read more

REGISTRATION OF DECREE NISI ABSOLUTE FROM A FOREIGN COUNTRY PROCEDURES

An application to register a foreign decree of divorce or annulment with the Registry of Marriages Malaysia may need be done by way of an Originating Summons. Note that there are cases in which the court may order that such an application be made not by Originating Summons but by way of a Petition For Declaration of Divorce under s 107(3) & (4) of the Law Reform (Marriage & Divorce) Act. The Originating Summons or Petition For Declaration of Divorce should be accompanied by a Notice of Appointment of Solicitors and an Affidavit in support exhibiting the marriage Certificates (both here and in the country where divorce obtained) and the Decree Nisi obtained in the other country together with a Notice of Appointment of Solicitors. Either one party to the divorce abroad needs to file the proceedings. Application should be made under section 31 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164) and Rule 55 of the Divorce and Matrimonial Proceedings Rules 1980. Note that there are cases in which the court may order that such an application be made not by Originating Summons but by way of a Petition For Declaration of Divorce under s 107(3) […] read more

How much legal fees would I be charged?

How Lawyers Charge Fee? Most often than not when a client walks into a lawyer’s office he would first of all ask the lawyer how much he should pay the lawyer for a certain work to be done even without first giving an opportunity for the lawyer to assess the legal problem the client was facing. A lawyer may not be able to off-hand quote a fee without a proper understanding of the legal problem that the client is facing. Therefore, a lawyer will not be able to quote a proper fee when client ask by phone. The best thing is to see the lawyer personally and shopping around by phone for lawyers will not do justice to the client and lawyer. Before quoting a fee for a particular work asked by the client the lawyer has to consider a number of factors such as: (1)            The nature of legal problem the client is facing, whether it is about debt matters, personal injury claims, land disputes, hire –purchase, criminal charges etc., (2)            The value of the matter in dispute; (3)            The length of time needed and effort taken to resolve the legal problem faced by the client; (4)            Whether there […] read more

Problem with spouse? Child Abuse by Spouse?

PROBLEM WITH SPOUSE? WHAT SHOULD YOU DO IN CRIMINAL ALLEGATIONS OF CHILD ABUSE BY SPOUSE?  It is often in divorce or child custody matter, one side or the other may raise allegations of criminal child abuse and allegations are made, the lawyer’s task will be to find out, “On which side of the law is my client?”  In such a situation, unless an emergency arises the lawyer normally will wish to talk with his client before his client wishes to see the police. Here, the lawyer may need to give active listening to the client before advising what should be done. However, there is a need to act fast as suspected crimes need to be reported to the police in soonest possible so that police can be dispatched to the scene of crime or home to collect and to preserve evidence before evidence could be destroyed. A client who is falsely accused may face the loss of parental rights or dealings with the child and when accused of child abuse, it is proper that the client need to take proactive defence to rebut the criminal accusations. The accusations of child abuse are nothing, but, a strategy to gain sympathy of […] read more

Preparing for Divorce – What you should look out?

 Preparing for Divorce  No one wants a divorce and any ending of a happy marriage will sure leave a deep scar in a married couple. By preparing for a divorce, your life is about to change. It is about your future, your life. The bad thing about divorce is that it is a business transaction and is a costly affair in which you may need solid legal and financial information to navigate the process. Emotions should not play a role in your ability to make solid business decisions and when emotion creeps in, your lawyer will have difficult tasks to advise you. So it is important that you pay careful attention to the preparation of your case because distribution of marital property, custodial agreements for your children, child support, and maintenance will all be tabled to court. In a divorce case, there are three levels of preparation – emotional, financial and legal.  Before you initiate a divorce:  1. Get your documents in order. When you know divorce is inescapable, you need to start your preparation for the fight. You need to get all the ammunitions and supplies ready. How and Why? You may think it is absolutely unnecessary but you […] read more