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Post Divorce Agreement

Post Divorce Agreement Template for Malaysia

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Key Requirements PROMPT example:

Post Divorce Agreement

"I need a Post Divorce Agreement to formalize the division of our property in Kuala Lumpur and establish custody arrangements for our two children, with shared custody and a maintenance payment of 2,000 RM monthly starting March 2025."

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Document background
A Post Divorce Agreement is essential when formerly married couples in Malaysia need to formalize their arrangements following divorce proceedings. This document is particularly crucial in situations where detailed terms need to be established regarding property division, financial settlements, child custody, and ongoing obligations. The agreement must comply with Malaysian law, specifically the Law Reform (Marriage and Divorce) Act 1976 for non-Muslims or Islamic Family Law for Muslims. It serves as a comprehensive roadmap for the parties' future interactions and responsibilities, helping prevent future disputes and providing a clear framework for enforcement. The document is especially important when there are significant assets, ongoing financial obligations, or children involved in the divorce.
Suggested Sections

1. Parties: Identification of the divorced parties with their full legal names, identification numbers, and current addresses

2. Background: Brief history of the marriage, divorce decree details, and purpose of this agreement

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

4. Financial Settlement: Complete details of the financial settlement including division of assets, liabilities, and any lump sum payments

5. Maintenance Arrangements: Details of maintenance payments for spouse and/or children, including amount, frequency, and duration

6. Child Custody and Access: Comprehensive arrangements for child custody, care and control, access schedules, and decision-making authority

7. Property Division: Specific division of real estate and personal property between the parties

8. Mutual Releases: Clauses releasing each party from future claims related to the marriage

9. Confidentiality: Terms regarding confidentiality of the agreement and private affairs of the parties

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Specification that Malaysian law governs the agreement

12. Execution: Signature blocks and execution requirements

Optional Sections

1. International Travel: Provisions for international travel with children, required when either party lives overseas or frequent international travel is anticipated

2. Business Interests: Division or management of shared business interests, needed when parties have joint business ventures

3. Education Fund: Specific provisions for children's education funding, recommended when there are school-age children

4. Religious Upbringing: Agreements regarding children's religious education and practices, important in interfaith marriages

5. Insurance Provisions: Requirements for maintaining life, health, or education insurance policies

6. Overseas Assets: Special provisions for handling assets located outside Malaysia

7. Future Sale of Property: Provisions for handling future sale of jointly-owned properties that haven't been immediately divided

8. Medical Arrangements: Specific provisions for ongoing medical care or special needs of children or dependent ex-spouse

Suggested Schedules

1. Schedule A - Asset List: Comprehensive list of all assets owned by both parties with agreed values

2. Schedule B - Property Details: Detailed information about real estate properties including titles and encumbrances

3. Schedule C - Child Access Schedule: Detailed calendar of child access arrangements including holidays and special occasions

4. Schedule D - Maintenance Payment Schedule: Detailed schedule of all maintenance payments including escalation clauses

5. Schedule E - Children's Special Needs: Details of any special arrangements for children's education, health, or other specific needs

6. Appendix 1 - Court Orders: Copies of relevant court orders including the divorce decree

7. Appendix 2 - Property Valuations: Professional valuations of significant assets

8. Appendix 3 - Financial Disclosure: Financial disclosure statements from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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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