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Post Nup Agreement

Post Nup Agreement Template for Malaysia

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement under Malaysian law for my spouse and me, as we're both business owners and want to protect our respective company assets and future business ventures while ensuring fair treatment of our joint property acquired during marriage."

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Document background
A Post Nup Agreement is utilized by married couples in Malaysia who wish to formally establish their financial and property rights after marriage. This document becomes particularly relevant when there are significant assets, business interests, or inheritance to protect, or when circumstances have changed substantially since marriage. The agreement must adhere to Malaysian legal requirements, including the Law Reform (Marriage and Divorce) Act 1976 for non-Muslim couples or Islamic Family Law for Muslim couples, and requires full financial disclosure from both parties. It typically covers property division, financial obligations, debt allocation, and future asset treatment, with special consideration given to local property laws and cultural aspects unique to Malaysia.
Suggested Sections

1. Parties: Identification of both spouses with full legal names, identification numbers, and addresses

2. Background: Details of the existing marriage, including date and place of marriage, and the purpose of entering into this post-nuptial agreement

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

4. Full and Fair Disclosure: Acknowledgment that both parties have made complete disclosure of their financial positions

5. Separate Property: Identification and agreement regarding property that will remain separate for each spouse

6. Matrimonial Property: Definition and agreement regarding joint property and its management

7. Financial Obligations: Details of ongoing financial responsibilities and obligations between the parties

8. Future Property: Agreement on how property acquired after this agreement will be treated

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

10. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

12. Execution: Signature blocks and attestation requirements

Optional Sections

1. Religious Requirements: Required if either party is Muslim, addressing Shariah law compliance

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

3. Inheritance Rights: Optional section dealing with inheritance rights and wishes

4. Debt Allocation: Include when there are significant existing debts to be addressed

5. Children's Provisions: Include if there are children and parties wish to address their financial provisions

6. Foreign Assets: Required if either party has significant assets in other countries

7. Dispute Resolution: Optional alternative dispute resolution procedures before court proceedings

Suggested Schedules

1. Schedule A - Wife's Assets: Detailed list of wife's assets and their values at the time of agreement

2. Schedule B - Husband's Assets: Detailed list of husband's assets and their values at the time of agreement

3. Schedule C - Joint Assets: Comprehensive list of matrimonial assets owned jointly

4. Schedule D - Financial Disclosure: Detailed financial statements from both parties

5. Appendix 1 - Property Valuations: Professional valuations of significant properties

6. Appendix 2 - Business Valuations: If applicable, professional valuations of business interests

7. Appendix 3 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party

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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Wealth Management

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Islamic Banking & Finance

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Client Relations

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Relevant Roles

Family Law Attorney

Legal Counsel

Private Wealth Manager

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Estate Planner

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Shariah Legal Advisor

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