A marriage is actually a pre-marriage contract. It defines the terms that help determine how much money and fortune must be split in the event of a divorce. In such a situation, a marital agreement that was reached and agreed while the couple was still in good condition (and an objective state of mind) will help facilitate the quarrels. The validity of a pre-marriage agreement remains subject to the judgment of the Court of Justice. With respect to the decision on the pre-marital agreement, the Court may consider various factors such as the bargaining position of the spouses and their behaviour. The awareness of the importance of a premarital or pre-marital agreement (commonly known as „prenup“) in Malaysia is relatively low, as it is seen as a sign of mistrust between two people who together become a man and a woman for life. There are also those who feel that it would be bad luck. However, in the event of a divorce or hostile marriage breakdown, pre-contract agreements can help to assuage some differences of opinion. So what`s going on? Well, a lot of couples still make marital agreements the same way you would any other type of contract. That`s the way it is. There is no special clause in the law that says, for example, I can make a contract with my friend to take out his dog until we are done with friends, and in return, he will make me coffee every day. But does that mean my canine friendship contract is illegal? Of course not. Stupid, maybe, but not illegal.
There is an illusion that pre-marital agreements do not apply in Malaysia. On the contrary, the courts may, in determining the distribution of matrimonial assets, take into account pre-marital agreements as long as the agreement is not contrary to the Reform Act 1976 (marriage and divorce). What exactly does this mean? Well, marriage and divorce in law are covered by the Marriage and Divorce Act 1976, as well as the divorce and divorce code in 1980. The problem is that none of these acts speak or cover marital agreements. So there is no law that says, „All marital agreements are definitely valid,“ but that does not mean that this is not the case either. It`s true! Or more accurately, the law does not specifically say whether it is illegal. In accordance with section 56 of the 1976 Act (hereafter the 1976 Act), the parties may refer to agreements concerning matrimonial procedures before the High Court of Malaya. However, the validity of the prenup is still subject to the Tribunal`s assessment. Signing a marriage contract does not automatically mean that you will eventually divorce or trust your partner. There are many advantages to having a year of marriage, as described below: marriage contracts are more important for second marriages, etc., especially if they can protect the interests of the parties and all children involved in marriages. So if you`ve ever tied the knot with the love of your life and you think reading about it is an unnecessary waste of time, hold on! Because there`s still a chance to get ready! As the Malay proverb says: „Sediakan payung sebelum hujan.“ – In the form of a post-marriage contract.