Matrimonial property under Family Law in Malaysia is defined as assets acquired by both husband and wife throughout their marriage and claimable after demise of a husband / wife, after divorce or upon the husband application for polygamy approval from the Shariah Court.
Shariah High Court recognizes the contribution by both husband and wife to the acquiring of the assets. Up to 50 % of the assets can be claim by the claimant spouse.
In Wasiyyah Shoppe Berhad , we assist couples to prepare their declaration of matrimonial property. With these documents, upon the above triggering events, the claiming process of the matrimonial assets at Shariah High Court will be easier. Any portions of assets that have been declared as Matrimonial Property by Shariah High Court will be excluded from the estates and will not be divided according to the Faraidh law.
WASIYYAH SHOPPE BERHAD’S MATRIMONIAL PROPERTY SOLUTION
PREPARATION OF MATRIMONIAL PROPERTY AGREEMENT :
The purpose of preparing the Matrimonial Property Agreement is to protect the right of the surviving spouse (in the event of death), the divorced spouse or the wife when the husband apply for polygamy approval from the Shariah Court.
The agreement will stipulate all assets or any designated assets/s as a matrimonial property where the spouse has contributed to the acquiring of the assets and the claimant spouse may claim the portion according to the document.
Rights of the claimant spouse for any assets that had been endorsed as matrimonial property by the Shariah Court will be given before the estates is divided to the rightful heirs according to Faraid law.