Going through a divorce can be a difficult and emotional time. One of the most important things to consider during this time is the division of matrimonial assets. The court have the power to order the division of these assets, and they will consider a number of factors when making their decision.
Factors to consider
When a marriage ends in divorce, the court may order the division of the matrimonial assets between the parties. The assets that are subject to division include those that were acquired during the marriage, regardless of who owns them.
The court will consider a number of factors when dividing the matrimonial assets, including:
- The extent of the contributions made by each party in money, property, or work towards the acquiring of the assets.
- Any debts owing by either party which were contracted for their joint benefit.
- The needs of the minor children, if any, of the marriage.
Joint effort
In the case of assets acquired by the joint efforts of the parties, the court will generally incline towards equality of division. However, there may be cases where the court will deviate from this principle, such as if one party made significantly more contributions than the other or if there are special needs of the children.
Sole effort
In the case of assets acquired by the sole effort of one party, the court will still consider the contributions made by the other party to the welfare of the family and the needs of the children. This means that if a housewife who did not contribute monetarily towards acquiring the property can now claim the matrimonial asset if she can prove that she has been taking care of the family and home i.e. cooking for the family & caring for the children etc.
It is important to note that the division of matrimonial assets is a complex matter and there is no one-size-fits-all answer. The best way to determine how your assets will be divided is to speak to a divorce lawyer in Malaysia.
If you are going through a divorce, it is important to seek legal advice from a divorce lawyer in Malaysia who can help you understand your rights and options. A divorce lawyer may also help you negotiate a fair division of your matrimonial assets if necessary in your best interest rather than fighting in the court.
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