Distribution of Marital Assets

The assumption of a husband or wife that they will surely and confidently obtain a certain share of assets or property upon divorce is ever present and embedded in the mindset of the said husband or wife. 

 Many do not understand the complexity and legal principles involved in the distribution of matrimonial assets. A matrimonial asset is an asset acquired during the course of the marriage, NOT BEFORE subject to certain exceptions as discussed below.

The governing legal framework on the division of matrimonial assets for non-muslim divorces is provided under s.76 LRA 1976, to which the Malaysian Courts possess wide discretionary powers in dividing the matrimonial assets by looking at the contribution, whether the assets in question were acquired jointly or by sole effort of one party and other external factors depending on the facts of the matter itself.

It is clear under s. 76(2), that the Court always are inclined in favor of the equal division of the assets between the spouses to which the court will look at the extent of contributions made by each party; the debts owing by either party which were made for their joint benefit; and the needs of the minor children (if any).
There is the prevailing stigma where only the wives will seek to claim the husband’s assets, however, this is not always the case. Divorce proceedings can certainly be a messy and highly bitter affair between the husband and wife in which both sides will try their best in obtaining the best possible outcome for their own benefit. This is where our team will come into the picture in assisting and providing a comprehensive breakdown of every detail of the asset which you seek upon the conclusion of divorce proceedings. 

There are three types of matrimonial assets in divorce proceedings in Malaysia, namely:

i. Assets acquired by Joint Efforts 

This is where spouses have made equal contribution and payment in acquiring an asset whereby each spouse is entitled to claim and apportion accordingly. The Court may order on the equal division of assets or the sale of the assets, in which the sale proceeds shall be divided equally.

ii. Assets acquired by sole effort of one party

This category of assets is acquired solely by one spouse to which the other spouse bears no financial contribution to the said asset. 

We often get asked if the house is under the sole name of the husband or wife, would the opposing spouse be entitled to the share of the house? The answer to that is yes, whereby the spouse is required to prove that he or she has made substantial indirect financial contribution towards the household expenses. The Courts will also look in regard to the contribution to the welfare of the family, i.e. the spouse be directly involved in the upbringing and care of the child. 

iii. Assets owned before marriage and substantial improvement

For the purposes of this section, these are assets obtained by one spouse during the marriage but have been substantially improved during the marriage by the other party or by joint efforts, notwithstanding it be financial contribution or indirect contribution such as the care and upbringing of the family. 

The husband or wife has to show that there have been substantial improvements made in the asset, for example, substantial renovation or maintenance of the home which contributed to the increase in market price of the home. Contribution would also have to be proven by the spouse in showing that perhaps utilities bills or maintenance of the home were paid by him or her throughout the course of their marriage.

Why Us?

We provide the warmest professional service.

We have handled more than 1200 divorce cases since 2016. Our team has been listed as one of the best divorce lawyers in Kuala Lumpur

In Michael Tie & Co, in every case, we set up a “1 + 3” or “1 + 2” special service team, which is led by a senior lawyer who is an expert in Family Law, coordinated by a legal assistant who is always a solicitor and legal support team.

We have compiled a complete and updated court judgement in relation to the divorce cases in Malaysia. We are confident that our divorce lawyers can draw up more effective, accurate and appropriate litigation directions and strategies for you.

Our divorce lawyers will compare court judgments for the past 15 years with your actual situation and from the research, we will give our prediction on possible judgments by the court and we will advise you the best options and strategies you should take. 

We offer free legal consultation. 

We know you need someone to talk to when you are suffering, it is natural to want to talk to consult someone about your problem. You can talk to us about whatever challenges you are experiencing and our experienced family lawyer will help you in the way that you deserve. 

Our charging method is simple, transparent and clear.

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Other Divorce Services

Joint Petition

When both of you can agree on all issues, ie, maintenance for spouse and children.

Single Petition

When one of the spouse disagree on divorce in some areas, ie, distribution of joint assets.

Maintenance To Wife And Children

Provide continuous financial support to the family.

Child Custody And Visitation

Dispute of the gardianship and visitation rights of child.

Annulment Of Marriage

A legal procedure to cancel a marriage.

Judicial Separation

A form of legal separation while remaining legally married.
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