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Simple Prenuptial Agreement

Simple Prenuptial Agreement Template for Malaysia

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Key Requirements PROMPT example:

Simple Prenuptial Agreement

"I need a Simple Prenuptial Agreement under Malaysian law for a marriage planned for March 2025, where one party owns a technology startup and wants to protect their business assets and intellectual property rights while ensuring fair provisions for shared marital property."

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Document background
A Simple Prenuptial Agreement is essential for couples in Malaysia who wish to establish clear financial arrangements before marriage. This document is particularly relevant under Malaysian civil law for non-Muslim couples who want to protect their individual assets, define marital property rights, and establish financial obligations. The agreement typically includes detailed inventories of pre-marital assets, provisions for property division, and financial responsibilities during marriage and in case of divorce. It must be drafted in compliance with Malaysian legislation, including the Law Reform (Marriage and Divorce) Act 1976 and the Contracts Act 1950. To ensure validity, both parties must receive independent legal advice and make full financial disclosure. The document is especially recommended for individuals with significant assets, business interests, or those entering second marriages.
Suggested Sections

1. Parties: Identifies the prospective spouses with their full legal names, identification numbers, and current addresses

2. Background: States the parties' intention to marry, confirms their desire to define their financial rights and obligations, and establishes the context for the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Effective Date and Duration: Specifies when the agreement takes effect (typically upon marriage) and how long it remains valid

5. Separate Property: Defines and lists property that will remain separate for each party during marriage and after divorce

6. Marital Property: Defines what will be considered jointly owned property during the marriage

7. Financial Obligations: Outlines how financial responsibilities will be shared during marriage

8. Division of Property Upon Divorce: Specifies how assets and debts will be divided if the marriage ends in divorce

9. Maintenance and Alimony: Addresses whether spousal support will be provided in case of divorce and under what terms

10. Governing Law: Specifies that Malaysian law governs the agreement and identifies applicable legislation

11. Amendment and Termination: Outlines how the agreement can be modified or terminated

12. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect

13. Execution: Provides for signature blocks, witness requirements, and certification by lawyers

Optional Sections

1. Business Interests: Section protecting business assets and operations when one or both parties own businesses

2. Inheritance Rights: Addresses treatment of inherited property and future inheritance expectations

3. Intellectual Property Rights: Protects individual intellectual property rights when parties have significant IP assets

4. Children from Previous Marriages: Addresses financial provisions for existing children from previous relationships

5. Religious Requirements: Includes specific provisions required by religious beliefs while maintaining civil law compliance

6. International Assets: Additional provisions for couples with assets in multiple countries

7. Death Provisions: Specifies property division and rights upon death of either party

8. Confidentiality: Includes privacy provisions regarding the terms of the agreement

Suggested Schedules

1. Schedule A - Bride's Assets: Detailed inventory of the bride's pre-marriage assets including property, investments, and valuations

2. Schedule B - Groom's Assets: Detailed inventory of the groom's pre-marriage assets including property, investments, and valuations

3. Schedule C - Joint Assets: List of any existing joint assets and agreement on their treatment

4. Schedule D - Business Interests: Detailed description of any business interests owned by either party

5. Schedule E - Debts and Liabilities: List of existing debts and liabilities of both parties

6. Appendix 1 - Financial Disclosures: Sworn financial statements from both parties

7. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent legal advice was received

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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