The right of a spouse in anon-muslim marriage to matrimonial property: a comparative study between Malaysian law & English law

Nur Amani, Pauzai and Noor ‘Ashikin, Hamid and Murshamshul Kamariah, Musa and Khairun-Nisaa, Asari (2016) The right of a spouse in anon-muslim marriage to matrimonial property: a comparative study between Malaysian law & English law. In: 5th International Seminar on Law & Society, 18-19 April 2016, Thailand.

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Abstract

The issue on the division of matrimonial property is something which arise when there is a divorce between the parties as the started to distinguished their right and ownership over the property that they own throughout their marital lite. Section 76( I ) of the Malaysian Law Reform (Marriage and Divorce) Act 1976 has given the Court power to make an order for the division of matrimonial property in divorce proceeding pending decree nisi. This has been highlighted by Family Law Committee of Malaysian Bar in their statement dated 19•h October 20 I 0 that "the position on whether or not orders for division of matrimonial property can be made after the granting of the decree nisi, even though applied for before the said grant, remains unclear", and this statement being issued in contemplation of the case of Manokaram v Ranjid Kaur [2008] I MU 21. This paper will investigate into the requirements under Section 76 of the Malaysian Law Reform (Marriage and Divorce) Act 1976 which empowers the court in division of matrimonial property by comparing it with the statutory legislation and legal practices in the England in matters relating to the division of matrimonial property.

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