Article

Family Law

Divorce

  1. Marriage is a voluntary union between a man and a woman for life to the exclusion of all others. It is a ceremony which allows a man and a woman to legally cohabit and have children.
      
  2. Even though a man and a woman cohabit, majority of them do not spend 24 hours together in the same roof. Covid-19 has successfully tested marriage couples all over the world and is expected to lead to an increase in marriage break-ups because couples are being kept in self-isolation together.  
division of assets during a divorce

Matrimonial assets  

Matrimonial assets are assets acquired during the marriage. 

You do not get 50% of the matrimonial assets as of right in Malaysia.  

Section 76(4) of the Law Reform (Marriage and Divorce) Act 1976 ('the Act') stated that the party by whose effort the assets were acquired shall receive a greater proportion. Equality of division was therefore not the only purpose and purport of Section 76 of the Act. Equality was provided in Section 76(2). Where Section 76(4) applies, the division cannot be equal.