PRENUPTIAL AGREEMENTS IN MALAYSIA

Prenuptial agreements are not authorized in the law of Malaysia. The governing statute-- the Law Reform (Marriage and Divorce) Act 1976 – provides the authorization for Malaysian courts to divide the matrimonial assets of divorcing parties (Section 76) and to assess maintenance against a husband in favor of a wife (Section 78), but does not contain any language that would appear to permit the consideration of agreements between the spouses.


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