Basic Prenup Template for Malaysia

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Key Requirements PROMPT example:

Basic Prenup

"I need a Basic Prenup agreement under Malaysian law for my upcoming marriage in March 2025, focusing on protecting my family business interests and establishing clear guidelines for separate property maintenance."

Document background
A Basic Prenup is a fundamental legal document used in Malaysia to establish clear financial and property arrangements between future spouses before they enter into marriage. This document is particularly important in cases involving business ownership, significant personal assets, or complex financial situations. The agreement must align with Malaysian legal requirements, including the Law Reform (Marriage and Divorce) Act 1976 for non-Muslim couples, while Muslim couples must ensure compliance with Shariah law principles. The Basic Prenup typically includes provisions for asset division, financial responsibilities, and property rights, offering protection for both parties while maintaining fairness and transparency. It serves as a preventive measure to avoid potential disputes and provides clarity regarding financial matters throughout the marriage and in the event of its dissolution.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Interpretation: Rules for interpreting the agreement, including governing law and jurisdiction

5. Separate Property: Declaration and treatment of property owned by each party before marriage

6. Joint Property: Treatment of property acquired during marriage and rules for determining ownership

7. Financial Obligations: General financial responsibilities and arrangements during marriage

8. Debts and Liabilities: Treatment of existing and future debts, including individual and joint liabilities

9. Division of Assets Upon Divorce: Framework for asset division in case of marriage dissolution

10. Governing Law: Explicit statement that the agreement is governed by Malaysian law

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

12. Severability: Provision ensuring that if any part is invalid, the rest remains enforceable

13. Execution: Signature requirements and witnessing provisions

Optional Sections

1. Business Interests: Protection of business assets and operational control, used when either party owns a business

2. Inheritance Rights: Treatment of inherited property and future inheritances, relevant for parties with significant family wealth

3. Intellectual Property: Protection of intellectual property rights, important for professionals or creative individuals

4. Spousal Support: Terms for alimony or maintenance, optional based on parties' preferences

5. Cultural or Religious Observances: Specific provisions related to cultural or religious practices, when relevant to the parties

6. Foreign Assets: Special provisions for overseas property or investments, used when parties have international assets

7. Children from Previous Marriages: Provisions protecting inheritance rights of existing children, when applicable

8. Confidentiality: Privacy and non-disclosure provisions, particularly important for high-net-worth individuals

Suggested Schedules

1. Schedule A - Pre-marital Assets: Detailed inventory of each party's assets owned before marriage

2. Schedule B - Pre-marital Liabilities: List of each party's debts and obligations existing before marriage

3. Schedule C - Excluded Property: Specific assets to be excluded from matrimonial property

4. Schedule D - Valuable Personal Items: List of high-value personal possessions and their agreed ownership

5. Appendix 1 - Financial Disclosure: Comprehensive financial statements from both parties

6. Appendix 2 - Certificate of Independent Legal Advice: Confirmation that each party received independent legal counsel

7. Appendix 3 - Asset Valuations: Professional valuations of significant assets mentioned in the agreement

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Legal Services

Financial Services

Wealth Management

Professional Services

Family Business

Private Banking

Real Estate

Asset Management

Business Consulting

Private Equity

Relevant Teams

Legal

Wealth Management

Private Banking

Family Office

Corporate Advisory

Estate Planning

Tax Advisory

Asset Management

Business Succession

Risk Management

Relevant Roles

Family Law Attorney

Private Wealth Manager

Estate Planner

Financial Advisor

Legal Counsel

Business Owner

Corporate Executive

Investment Banker

Real Estate Developer

Tax Consultant

Family Office Manager

Asset Manager

Business Succession Planner

Wealth Protection Specialist

Industries
Teams

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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