A Divorce Agreement is a crucial legal document used in Malaysian divorce proceedings to formalize the terms and conditions of a marriage dissolution. It must comply with either the Law Reform (Marriage and Divorce) Act 1976 for non-Muslim divorces or the relevant state's Islamic Family Law for Muslim divorces, reflecting Malaysia's dual legal system. The agreement is typically prepared after parties have decided to divorce and have reached consensus on key issues such as property division, financial arrangements, and child custody (if applicable). It serves as a comprehensive record of the parties' rights and obligations post-divorce and can be used as a basis for court orders. The document should be prepared with legal counsel to ensure compliance with Malaysian matrimonial law and to protect both parties' interests.
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1. Parties: Identification of both spouses, including full legal names, identification numbers, and current addresses
2. Background: Details of the marriage, including date and place of marriage, date of separation, and grounds for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Dissolution of Marriage: Formal agreement to divorce and timeline for filing divorce petition
5. Division of Matrimonial Assets: Detailed allocation of joint property, assets, and liabilities between parties
6. Financial Settlement: Terms of any lump sum payments or transfers between parties
7. Mutual Release: Mutual release of future claims against each other's assets or estate
8. Confidentiality: Terms regarding confidentiality of the agreement and divorce proceedings
9. Governing Law: Specification that the agreement is governed by Malaysian law
10. Execution: Signing requirements and witness provisions
1. Child Custody and Access: Required if there are children - details custody arrangements, visitation rights, and access schedules
2. Child Maintenance: Required if there are children - specifies child support amounts, payment schedule, and duration
3. Spousal Maintenance: Include if one party will provide maintenance to the other
4. Education of Children: Include if there are children - specifies arrangements for children's education and related costs
5. Insurance Provisions: Include if there are insurance policies to be maintained for spouse or children
6. Business Interests: Include if either party has business interests that need to be addressed
7. Religious Requirements: Include for Muslim divorces - specific requirements under Islamic law
8. Tax Provisions: Include if there are significant tax implications to be addressed
9. Pets and Animals: Include if there are pets whose custody needs to be determined
1. Schedule A - Asset List: Comprehensive list of all matrimonial assets and their agreed values
2. Schedule B - Division of Household Items: Detailed list of household items and their allocation between parties
3. Schedule C - Child Access Schedule: Detailed calendar of child custody and visitation arrangements
4. Schedule D - Maintenance Payment Schedule: Payment schedule for child and/or spousal maintenance
5. Appendix 1 - Property Valuations: Professional valuations of significant assets like property or businesses
6. Appendix 2 - Children's Passport Arrangements: Terms regarding custody and control of children's travel documents
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