PRE-NUPTIAL AGREEMENTS IN MALAYSIAPre-Nuptial Agreement • June 8th, 2012
Contract Type FiledJune 8th, 2012For the purposes of this article, we shall take a ‘Pre-Nuptial Agreement’ to mean a written contract made between parties prior to their marriage concerning primarily the distribution of their assets should the marriage fail for some reason; that is, the understanding of a Pre-Nuptial Agreement in English law at this time. The law governing marriage and divorce in Malaysia is contained primarily in a statute known as the Law Reform (Marriage and Divorce) Act 1976 (Act 164)1 The statute, provides for the importation of English principles when deciding matrimonial cases in the Malaysian Courts.2 When there are no express provisions in the LRA 1976, English law currently prevailing on a matter may be imported and applied in the Malaysian Courts to resolve the situation, subject to Malaysian common law and statutory provisions on divorce in the LRA 1976.