Frequently Asked Questions About Pre Nuptial And Post Nuptial Agreement In Malaysia

Frequently Asked Questions About Pre Nuptial And Post Nuptial Agreement In Malaysia by TYH & Co. Divorce Lawyer Malaysia

Frequently Asked Questions About Pre Nuptial And Post Nuptial Agreement In Malaysia

Pre-nuptial and post-nuptial agreements are legal documents that can help to protect your assets and interests in the event of a divorce or separation. They are becoming increasingly popular in Malaysia, as more and more couples are realizing the benefits of having a clear and agreed-upon financial plan for their marriage.

In this FAQ, we will answer some of the most frequently asked questions about pre-nuptial and post-nuptial agreements in Malaysia. We will discuss what these agreements are, what they can include, and how to get one. We will also address some of the concerns that people may have about pre-nuptial agreements, such as whether they are cold and unromantic, or whether they will make it more difficult to get a divorce.

  1. What is a pre-nuptial agreement?

A pre-nuptial agreement, also known as a prenup, is a contract that is entered into by two people before they get married. It sets out the financial terms of the relationship in the event of divorce or separation. This can include things like how assets will be divided, who will pay alimony, and how child custody will be arranged.

  1. What is a post-nuptial agreement?

A post-nuptial agreement is similar to a pre-nuptial agreement, but it is entered into after the couple is already married. This can be done if the couple wants to change the terms of their financial arrangement, or if they want to protect their assets in the event of a divorce.

  1. Are pre-nuptial agreements legal in Malaysia?

Yes, pre-nuptial agreements are legal in Malaysia. However, they must be fair and reasonable, and they must be signed by both parties voluntarily. If a pre-nuptial agreement is found to be unfair or unreasonable, it may not be upheld by the courts.

The court can review any agreement or arrangement made between couples who are contemplating or going through a divorce. The court can decide if the agreement is fair and reasonable, and can give directions if necessary.

  1. What are the benefits of having a pre-nuptial agreement?

There are several benefits to having a pre-nuptial agreement. First, it can help to protect your assets in the event of a divorce. Second, it can help to avoid conflict and uncertainty if the marriage does end in divorce. Third, it can provide peace of mind and certainty about your financial future.

  1. What are the drawbacks of having a pre-nuptial agreement?

Some people believe that pre-nuptial agreements are cold and unromantic. Others worry that they will make it more difficult to get a divorce if the marriage does not work out. However, these concerns are usually outweighed by the benefits of having a pre-nuptial agreement.

  1. What are some of the things that can be included in a pre-nuptial agreement?

The terms of a pre-nuptial agreement can vary depending on the individual circumstances of the couple. However, some common things that are included in pre-nuptial agreements include:

  • The division of assets in the event of divorce
  • The payment of alimony
  • The arrangement of child custody
  • The inheritance of assets
  • The disclosure of financial information
  1. How do I get a pre-nuptial agreement?

You should get a pre-nuptial agreement from a lawyer who specializes in family law. The lawyer will help you to understand the terms of the agreement and to make sure that it is fair and reasonable.

  1. What happens if my partner breach the pre-nuptial agreement?

You may sue the other party for breach of contract and the court has the power to review the agreement in the event of a divorce. However, the courts will only uphold the agreement if it is found to be fair and reasonable.

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