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Pre Marriage Agreement

Pre Marriage Agreement Template for Malaysia

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Key Requirements PROMPT example:

Pre Marriage Agreement

"I need a Pre Marriage Agreement under Malaysian law for a business owner marrying in March 2025, with special focus on protecting existing business assets and intellectual property rights, including provisions for future business expansion."

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Document background
The Pre-Marriage Agreement serves as a crucial legal instrument in Malaysia for individuals planning to enter into marriage who wish to establish clear terms regarding their financial and property rights. It is particularly relevant for high-net-worth individuals, business owners, or those entering second marriages. The document must navigate Malaysia's dual legal system, ensuring compliance with either civil law (for non-Muslims) under the Law Reform (Marriage and Divorce) Act 1976 or Shariah law (for Muslims) under the Islamic Family Law Act. The agreement typically includes detailed provisions about pre-marriage assets, future property division, financial obligations, inheritance rights, and business interests. It requires careful drafting to ensure enforceability and should be prepared well in advance of the marriage, with both parties receiving independent legal advice.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage and purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Effective Date and Duration: When the agreement takes effect and its duration

5. Pre-Marriage Assets: Declaration and treatment of assets owned by each party before marriage

6. Treatment of Income During Marriage: How income earned during marriage will be treated

7. Property Division: Principles for division of property acquired during marriage

8. Financial Obligations: Financial responsibilities of each party during marriage

9. Debts and Liabilities: Treatment of existing and future debts

10. Inheritance Rights: Agreement on inheritance rights and waiver of claims

11. Dispute Resolution: Process for resolving disagreements under the agreement

12. Governing Law: Specification of Malaysian law as governing law and relevant jurisdictional matters

13. Amendment and Termination: Conditions and process for modifying or terminating the agreement

14. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable

15. Execution: Signature requirements and witnessing provisions

Optional Sections

1. Religious Requirements: Required for Muslim couples, detailing compliance with Islamic law requirements

2. Business Interests: Include when either party owns business interests that need protection

3. Intellectual Property Rights: Required when either party has significant IP assets

4. Children from Previous Marriages: Include provisions regarding existing children and their rights

5. Future Children: Optional provisions regarding financial arrangements for future children

6. International Assets: Required when parties have assets in multiple jurisdictions

7. Confidentiality: Optional provisions regarding privacy and non-disclosure of agreement terms

8. Lifestyle Provisions: Optional non-financial terms regarding married life expectations

Suggested Schedules

1. Schedule A - Pre-Marriage Assets of First Party: Detailed inventory of first party's assets and their values

2. Schedule B - Pre-Marriage Assets of Second Party: Detailed inventory of second party's assets and their values

3. Schedule C - Pre-Marriage Debts and Liabilities: List of existing debts and liabilities of both parties

4. Schedule D - Agreed Division of Property: Specific agreements on how certain properties will be divided

5. Schedule E - Business Interests: Detailed description of business interests and their treatment

6. Appendix 1 - Asset Valuations: Independent valuations of significant assets

7. Appendix 2 - Legal Certificates: Certificates of independent legal advice for both parties

8. Appendix 3 - Financial Disclosures: Detailed financial statements from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Legal Services

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Relevant Teams

Legal

Private Client Services

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Family Law

Shariah Advisory

Estate Planning

Corporate Advisory

Client Relations

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Relevant Roles

Family Law Attorney

Shariah Law Specialist

Legal Partner

Private Client Advisor

Wealth Manager

Family Office Manager

Estate Planning Specialist

Corporate Lawyer

Financial Advisor

Asset Manager

Marriage Registrar

Religious Affairs Officer

Legal Document Specialist

Commissioner for Oaths

Industries






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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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