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.
English precedents would only apply to the interpretation of our sections (in Part VI of our Act) which were in pari materia with English provisions. English principles cannot apply where our legislation has no English equivalent. Seen in this light, it was apparent that recent developments in English judge-made law as to the rights of a spouse in division of matrimonial assets cannot be followed here.
However, it is unacceptable to place greater value on the contribution of the breadwinner than that of the homemaker as a justification for dividing the product of the breadwinner's efforts unequally between them. There must be an end to the sterile suggestion that the breadwinner's contribution weighed heavier than the homemaker's. The nature of the contribution was intrinsically different and incommensurable and each should be recognised as no less valuable than the other.
The court will determine the distribution of such matrimonial assets acquired during the marriage through the extent of the contributions monetary or non-monetary (i.e. Leaving their career to take care of the family/kids and creating a lovely environment for the working spouse).
Your spouse’s assets acquired before the marriage
These are not matrimonial assets. Hence, it depends on the circumstances of the case.
For instance, if you have renovated your spouse’s house, or your spouse’s house has been refinanced and is now part of the family finances, then yes, you could argue that you are entitled to the said asset. Otherwise, if the assets were inherited by your spouse or he brought the said asset into the marriage where there was no contribution whatsoever from your end, then unfortunately, you have no right against the asset.
Please do not hesitate to contact our partners, Ms. How and Cik Hospera for further info on the issue of distribution of assets.
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