Law on Matrimonial Assets Division
During Divorce or Separation in Malaysia
for Non-Muslims

Matrimonial assets division refers to the process of dividing assets between two parties who are getting a divorce or separation. In Malaysia, this process is governed by the Law Reform (Marriage and Divorce) Act 1976, which applies to non-Muslims.

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When a couple gets divorced in Malaysia, the Court is given the power to order the division of matrimonial assets, sale or division of proceeds of the sale of any such assets and property fairly between them. Matrimonial assets include assets acquired during the marriage or before the marriage if such assets have been substantially improved during the marriage by the other spouse or joint effort. In exercising the power for assets division, the court will take into account the contributions made by each party during the marriage, such as financial contributions, homemaking contributions, contributions to the welfare of the family, needs of the minor children, and duration of the marriage. In considering all of those the court shall incline towards equality of division.

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It is important to note that matrimonial assets division can be a complex and contentious process, particularly if there are significant assets, dissipated or hidden assets, or if the parties are unable to agree on a fair and practical distribution including the sales of any assets which may be made difficult by a spouse. It is therefore recommended that you speak to us to guide you through the process and ensure that your rights and interests are protected.