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 […]
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