Prenuptial agreement: Legal position in Malaysia

Abstract

Prenuptial agreements are agreements made by couples before marriage concerning their assets. There are indeed many couples opting to prenuptial agreements before marriage. Prenuptial agreements can be very positive experience to some. A plethora of cases in England and other common law jurisdictions shows that prenuptial agreements are enforceable. However, there is a lacuna in law as regards to the position of prenuptial agreements in Malaysia. In other words, the legislation in Malaysia is still unclear on this issue. Being a pure legal study, the conducted research has been based on the qualitative design. Data and materials on prenuptial agreements are collected via library research method. These data and materials are then analysed by way of content and critical analysis methods. This article analyses the enforceability of prenuptial agreements by the common law in England, eventually comparing it to that of the Malaysian legal scenario. It then strives at identifying problems relating to such legal enforcement in Malaysia. This article eventually offers some legal suggestions on how to validate and enforce prenuptial agreements in Malaysia.