Division of Matrimonial Properties and Assets Malaysia

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We advise clients on matrimonial property and asset planning to ensure they get what is rightfully theirs, enabling them to move ahead with their life after divorce. We handle all kinds of division of matrimonial properties and assets Malaysia such as land and houses, motor vehicles, Employees Provident Fund (EPF), company shares as well as local and overseas investments. Just count on us for divorce lawyer services Malaysia as we are experts in handling division and distribution of matrimonial properties and assets.

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Matrimonial Properties and Assets Include:

  • matrimonial house
  • landed properties acquired during marriage
  • cars
  • cash in banks, jewelleries and shares
  • Employees Provident Fund(EPF) contributions made during marriage
  • insurance policies, gratuity payments/employment/retirement benefits accummulated during marriage
  • assets owned by one spouse before mariage PROVIDED it has been substantantially improved by the other spouse during marriage or by joint efforts
  • gifts from spouse

Exception Cases – Division of Inherited Properties

In certain cases, inherited properties will be subjected to asset division if it can be proven that it has been substantially improved by one spouse or joint efforts.

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Frequently Asked Questions (FAQs)

1) How does the Court divide the matrimonial assets after a divorce?

The Court would not necessarily divide the assets equally, but would usually divide the assets based on the circumstances of the case and would consider the following factors:-

– contribution made by either spouse.

– debts of a spouse for the benefit of both parties.

– needs of the young children (if any).

 

2) How are assets acquired during the marriage divided?

The Court will strive to make a fair and equitable division of the assets or the proceeds of the sale of these assets.

 

3) How is the division of matrimonial assets if one party contributed more than the other in acquiring these assets?

The Court will consider the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home, caring for the family and the children. However, the party by whose efforts the assets were acquired shall receive a greater proportion.

 

4) I did not contribute money in purchasing the matrimonial home. Am I entitled to it?

It depends. The Court will consider non-monetary contributions by either parties while dividing the assets.

 

5) Is the division of assets equal to both parties?

Not necessarily so. The Court will decide the proportion of the asset division after assessing the circumstances on case by case basis.

 

6) What types of court fees do I need to pay?

There are 4 types of court fees:-

– filing of divorce application costs RM160

– filing of statement as to arrangement for children costs RM16

– filing of an affidavit in support of petition costs RM16

– each exhibit referred to an affidavit, statement or petition and required to be marked costs RM6

 

Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.

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From Our Clients

The following are some complimentary comments from our previous clients:-

“I was facing a difficult time prior and during my divorce. I was fortunate enough to consult The Divorce Lawyer Malaysia for help. They have a competent team of experienced divorce lawyers who guided me through those dark times. They never rushed me through anything. Instead, they listened attentively and patiently to my constant grouses and complaints. This helped me to survive the whole tedious divorce proceedings. Syabas to the panel of considerate and understanding lawyers of The Divorce Lawyer Malaysia.”

 

Desmond Lim

“Being a single parent whose husband has deserted the family for a couple of years, I barely managed to think straight. Finally, i approached a lawyer from The Divorce Lawyer Malaysia for guidance. The lawyer gave me some useful and practical advice, helping me to file for divorce. The law firm is so efficient that my divorce is settled in an easy, fast and quick way.”

 

Kanisha

“My marriage had broken down completely. I pitied my 2 small children who had to witness all our fights and squabbles. After consulting a lawyer from The Divorce Lawyer Malaysia, we could sit down and talk over all these family issues. The lawyer was very professional and wise, helping us to come to our senses. He was polite and courteous at all times. We listened to his advice and agreed to a divorce, acting in the best interests of everybody in the family especially in the interests of our 2 children.”

Kevin Tan

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