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 legal consultation.