Post-Nuptial Agreement in Malaysia. Is It Valid?
Quick Summary
A post-nuptial agreement in Malaysia is generally valid for non-Muslim couples if both husband and wife agree to it willingly. It can cover matters like custody of children, maintenance, and division of matrimonial assets. The Court may review the agreement to ensure it is fair and reasonable.
Post-Nuptial Agreement in Malaysia. Is It Valid?
A post-nuptial agreement is essentially an agreement between spouses to dictate what are the agreed terms to their marital arrangements after the registration of their marriage under the law. Getting a post-nuptial agreement in Malaysia may seem to be a taboo topic even in this modern society. So, what can you state in the post-nuptial agreement in Malaysia. Is it valid?
Pre-Nuptial & Post-Nuptial Agreement
You may have heard of pre-nuptial agreement (different from a post-nuptial agreement) where pre-nuptial agreement is specifically for couples to protect their respective assets in the event of a divorce. Pre-nuptial agreement is signed before the registration of marriage.
In the event if spouses decided to enter into an agreement about their marital affairs after the registration of their marriage, the agreement shall be termed as post-nuptial agreement as mentioned. For a post-nuptial agreement, both the husband and wife can freely negotiate and come to an agreement on any terms necessary in relation to their marital affairs as long as it is not illegal and fair.
Is Post-Nuptial Agreement Legally Valid?
In that case, you may be asking if a post-nuptial agreement is valid in Malaysia?
The short answer is, yes.
Marital agreements between non-Muslim spouses are recognised specifically under Section 56 of the Law Reform (Marriage and Divorce) Act 1976. Marital agreement entered by parties shall be recognised under the law and legally valid as long as it is entered voluntarily by consenting parties.
Under Section 56 of the same Act, either spouse can ask the Court to review any agreement made between them before or after filing for divorce. The Court can look at the agreement and decide whether the terms are fair and reasonable. If needed, the Court may also give directions or suggest changes.
What Is in Post-Nuptial Agreement?
A post-nuptial agreement can include terms about child custody arrangements, maintenance for spouse or children, division of matrimonial property, and other matters related to the marriage. For example, both parties may agree on how assets will be divided, how much maintenance will be paid, or who the children will live with moving forward.
Recent Malaysian Court Case Confirms Post-Nuptial Agreements Are Valid
Interestingly in this recent case, the High Court has decided and reaffirmed that post-nuptial agreement is legally valid under the law at the time of writing this article.
Furthermore, in the same case, the High Court also acknowledged that the Court will not disturb the agreement between both parties since the agreement is voluntarily entered into by two consenting adults. This includes the fact that the agreement clearly indicated that the husband is allowed to maintain a mistress during the course of marriage. This is because maintaining a mistress is not illegal for non-Muslims though it may be viewed as immoral or indecent.
It is important that both husband and wife agree to the terms freely and fully understand what they are signing. This is why it is always a good idea to get legal advice before signing a post-nuptial agreement in Malaysia. A properly prepared agreement can help give both parties peace of mind and reduce future disputes.
In a nutshell, it is important that both spouses understand the terms that they are agreeing to before getting a post-nuptial agreement. This is regardless if they are getting the post-nuptial agreement during a happy or unhappy marriage. Hence, it is best to seek for legal advice from a divorce & family lawyer to understand your rights better.
Key Takeaways
- Post-nuptial agreements are generally valid in Malaysia.
- It is signed after marriage.
- It can cover property, maintenance, and child-related matters.
- Both parties must agree willingly.
- The Court may review if the terms are fair.
- Legal advice is recommended before signing.
