Malaysian Law On Division Of Matrimonial Assets, Second Edition

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Malaysian Law On Division Of Matrimonial Assets, Second Edition

Author Wee Wui Kiat
Publication Date Nov 2021
ISBN 9789672919896
Format
Hardcover + Ebook
Publisher Sweet & Maxwell

 

One of the most crucial concerns for divorcing couples (besides custody and care of the marriage's children) when a marriage ends is the split of matrimonial assets.

The Second Edition of Malaysian Law on Matrimonial Assets is a comprehensive treatise that covers all of the rules that govern the judicial distribution of matrimonial assets following a court decision of divorce or judicial separation. The key sections of the Law Reform (Marriage and Divorce) Act 1976 ("LRA 1976"), as well as its supporting rules, the Divorce and Matrimonial Proceedings Rules 1980, which govern this field of law in relation to non-Muslims, are thoroughly examined and explained. The application of native customary laws and the law applicable to Muslims are also discussed.

Numerous court decisions – selected from Malaysia and countries with similar laws, such as the UK, Singapore, and Australia – are thoroughly reviewed to provide a good understanding of the different considerations in determining how matrimonial assets should be divided, in order to elucidate the application of the law in various factual scenarios. Important topics including what defines matrimonial assets, the responsibility to make full disclosure, and the relationship between matrimonial asset division legislation and other laws like contract, trust, and succession laws are all addressed.

Two additional chapters have been added to the second edition: In Yap Yen Piow v Hee Wee Eng, the nexus test for deciding whether an asset is to be considered matrimonial property and the distribution of such properties is discussed. Chapter 16 examines the Law Reform (Marriage and Divorce) (Amendment) Act 2017 and its implications for matrimonial asset allocation under section 76 of the LRA 1976.

Family law practitioners will appreciate the attention paid to practical issues such as the procedure for filing a property division application, the types of orders that a court can issue, and the tools available to combat attempts to defeat any potential claim for matrimonial asset division, as well as the methods of enforcement when a division order is broken.

Key Developments Covered in this Edition

  • Chapter 6 provides discussion on key authorities such as Hong Leong Finance Bhd v Low Thiam Hoe (2016) (leave for amendment of pleadings), Liew Chong Yee v Chai Yem You (2020) (amendments of pleadings after close of pleadings and commencement of trial), Ng Yuet Mooi v Leong Yee Heim (2018) (the time to make applications for orders for ancillary relief) and Ng Boon Chwee v Yan Shuwei (2018) (rescission of decree nisi).
  • Chapter 8 discusses fragmentation of ownership (Tan Su Lin v Andrew Lim (2018)).
  • The Nexus Test in Yap Yen Piow v Hee Wee Eng (2017) is discussed extensively, including a review of its application in recent cases like Wong Chong Kiew v Lee Hock Seng (2019), Poonageswari a/p P Krishnan v Bailand a/l Govindanam (2019) and Wong Chong Kiew v Lee Hock Seng (2019).
  • The workings of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 are explored in detail in cases such as Kamalahasan a/l Singaram v Portia Ceri Poorans (2019), Shilashshree Shirely Gomez v Raymond Shilendran a/l Simon (2019), Theynarasi a/p Selambaram v Periasamy a/l Chinnappan (2019).

CONTENTS of Division Of Matrimonial Assets

        Introduction

  1. Division of Matrimonial Assets under the Law Reform (Marriage and Divorce) Act 1976
  2. Assets Acquired by Joint Efforts
  3. Assets Acquired by Sole Effort of One Party
  4. Assets Owned Before Marriage and Substantial Improvement
  5. Conduct of the Parties and Adultery
  6. Time and Place
  7. Resulting Trusts
  8. Manner of Division, Procedure for Ancillary Relief and Types of Orders
  9. Pool of Divisible Matrimonial Assets
  10. Enforcement and Defeating Circumvention
  11. Marital Agreements – Pre-nuptial and Post-nuptial Agreements
  12. Division of Matrimonial Assets and Succession Law
  13. Division of Matrimonial Assets under Islamic Family Law
  14. Division of Matrimonial Assets under Native Customary Law
  15. The Nexus Test
  16. Law Reform (Marriage and Divorce) (Amendment) Act 2017

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