Simple Prenup Template for Malaysia

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Key Requirements PROMPT example:

Simple Prenup

"I need a Simple Prenup agreement under Malaysian law for my upcoming marriage in March 2025, with specific provisions to protect my family business interests and clear terms about keeping our current properties separate."

Document background
This Simple Prenup template is designed for use in Malaysia by couples planning to marry who wish to establish clear terms regarding their property rights and financial obligations. The document is particularly relevant when one or both parties bring significant assets to the marriage, own businesses, or expect substantial inheritance. It complies with Malaysian legal requirements, including the Law Reform (Marriage and Divorce) Act 1976 and the Contracts Act 1950, and requires full financial disclosure from both parties. The Simple Prenup includes provisions for asset protection, property division, and dispute resolution, while accommodating Malaysian cultural and legal norms. It must be executed with independent legal advice for both parties to enhance its enforceability.
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: Clear definitions of key terms used throughout the agreement

4. Separate Property: Declaration and classification of assets owned by each party prior to marriage

5. Future Property: Agreement on how property acquired during marriage will be treated

6. Financial Disclosure: Acknowledgment of full financial disclosure by both parties

7. Division of Property Upon Dissolution: Terms for property division in case of divorce or separation

8. Maintenance and Support: Terms regarding spousal maintenance/alimony in case of divorce

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

10. Dispute Resolution: Process for resolving any disputes arising from the agreement

11. Severability: Provision stating that if any part is invalid, the rest remains enforceable

12. Execution: Formal signing requirements and witness provisions

Optional Sections

1. Business Interests: Protection of business assets and future business interests, used when either party owns or may inherit a business

2. Inheritance Rights: Provisions regarding inherited or expected inheritance property, used when significant inheritance is expected

3. Religious Requirements: Special provisions aligned with religious beliefs, used for couples with specific religious considerations

4. Children from Previous Marriages: Provisions protecting assets for children from previous marriages, used when applicable

5. Intellectual Property Rights: Protection of intellectual property owned prior to or created during marriage, used for professionals or creative individuals

6. Debt Allocation: Specific provisions about handling pre-existing or future debt, used when either party has significant debt

7. Foreign Assets: Special provisions for assets held outside Malaysia, used when parties have international assets

Suggested Schedules

1. Schedule A - Husband's Assets: Detailed inventory of the husband's pre-marriage assets and their values

2. Schedule B - Wife's Assets: Detailed inventory of the wife's pre-marriage assets and their values

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

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

5. Schedule E - Business Interests: Detailed description of any business interests and their agreed treatment

6. Appendix 1 - Certificate of Legal Advice: Certificates from independent lawyers confirming both parties received independent legal advice

7. Appendix 2 - Valuation Reports: 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

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