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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Interpretations
Recitals
Property Division
Financial Settlement
Maintenance Obligations
Child Custody
Child Access
Confidentiality
Mutual Release
Division of Assets
Division of Liabilities
Child Support
Educational Expenses
Medical Expenses
Insurance
Tax Matters
Future Cooperation
Communication
Dispute Resolution
Mediation
Governing Law
Jurisdiction
Amendment
Severability
Entire Agreement
Legal Costs
Force Majeure
Notices
Assignment
Waiver
Indemnification
Compliance with Court Orders
Religious Obligations
Default
Remedies
Further Assurance
Relevant Industries

Legal Services

Financial Services

Real Estate

Professional Services

Education

Healthcare

Social Services

Insurance

Banking

Family Services

Relevant Teams

Legal

Human Resources

Compliance

Employee Relations

Benefits Administration

Risk Management

Corporate Affairs

Policy Development

Dispute Resolution

Family Support Services

Relevant Roles

Legal Counsel

Family Law Attorney

Paralegal

HR Manager

HR Director

Benefits Coordinator

Compliance Officer

Social Worker

Family Court Judge

Mediator

Financial Advisor

Estate Planner

Insurance Agent

Property Valuer

Wealth Manager

Industries
Law Reform (Marriage and Divorce) Act 1976: The primary legislation governing divorce and post-divorce matters for non-Muslims in Malaysia, including provisions for division of matrimonial assets, maintenance, and child custody arrangements
Islamic Family Law (Federal Territories) Act 1984: The main legislation governing divorce and post-divorce matters for Muslims in Malaysia, including provisions for division of matrimonial property (harta sepencarian), maintenance (nafkah), and child custody (hadhanah)
Contracts Act 1950: Governs the fundamental principles of contract formation and enforcement in Malaysia, ensuring the post-divorce agreement meets legal requirements for a valid contract
Guardianship of Infants Act 1961: Relevant for provisions relating to child custody, guardianship, and the welfare of children in post-divorce arrangements for non-Muslim parents
Distribution Act 1958: May be relevant for provisions regarding the distribution of property and assets between divorced parties
Married Women and Children (Maintenance) Act 1950: Specifically deals with maintenance orders for wives and children, important for enforcing maintenance provisions in the post-divorce agreement
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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