Postnuptial Agreement: Working on Staying Together
Some couples decide to stay together after a marriage crisis, be it infidelity, couples who grew apart, husband taking on multiple wives and mistresses etc.
Some even decide to stay legally married but maintain separate living arrangements (Judicial Separation is when you legally register this in Court). In this situation, it would be advisable to have a postnuptial agreement.
A postnuptial agreement is no different than a pre-nuptial agreement, except that it is done after the wedding or nikah. This can be done at any time after the wedding or nikah, even 15-30 years later.
It can also be done for a lot of other reasons such as protecting an inheritance, providing for a stay-at-home spouse, assigning ownership of a business, repaying a parental gift.
A polygamous marriage between the husband and the 1st wife as terms for her consent for the husband to take on a 2nd wife may also opt for a postnuptial agreement (or tolerate the existence of the 2nd wife upon finding out).
Prenuptial or postnuptial agreements are not legally binding or enforceable on their own in Malaysia, but the benefit to it is it can be used as evidence to support claims of each other’s commitment to the marriage which has not been fulfilled, such as providing a family home or monthly maintenance (nafkah) to the husband/wife/children during divorce proceedings.
This means, preventing lengthy and costly divorce proceedings in the future.
This is intended as general guidance not actual legal advice. Please contact me at firstname.lastname@example.org or fill up a form at www.aziraaziz.com for detailed legal services related to above, or anything at all related to law and policy.