Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia

Marriage does not affect spouse’s right to acquire property. However, any property acquired during the marriage is recognized as a matrimonial property if it is evidenced that the other spouse has contributed directly or indirectly in its acquisition. On that basis, once the marriage breaks up, the...

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Main Authors:	Ibrahim, Norliah, Abdul Hak, Nora, Che Soh @ Yusoff, Roslina
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/27921/ http://irep.iium.edu.my/27921/ http://irep.iium.edu.my/27921/1/Full_and_Frank_Disclosure.pdf

id	iium-27921
recordtype	eprints
spelling	iium-279212013-02-13T22:32:18Z http://irep.iium.edu.my/27921/ Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia Ibrahim, Norliah Abdul Hak, Nora Che Soh @ Yusoff, Roslina K Law (General) Marriage does not affect spouse’s right to acquire property. However, any property acquired during the marriage is recognized as a matrimonial property if it is evidenced that the other spouse has contributed directly or indirectly in its acquisition. On that basis, once the marriage breaks up, the parties start to distinguish the ownership of the property and desire it to be returned to the original owner or to be sold and the proceeds to be divided between them. Some divorces are concluded smoothly and amicably but in other cases both parties fight over practically everything especially their rights in matrimonial property. The governing statute provides a proper guideline on how the property is to be divided depending on whether the property is jointly or solely acquired by the party. Nonetheless, fair distribution is almost impossible if the parties fail to discharge a duty of full and frank disclosure of all information relevant to the case particularly the total assets, income and liabilities. Thus, this paper attempts to discuss the duty of full and frank disclosure in dividing matrimonial property. This will include a discussion on the power of the court to make an adverse inference against the party if they fail to discharge their duty for the purpose of sustaining fair distribution of the matrimonial property in Malaysia by referring to the relevant provisions and decided cases. INSI Publications 2012-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27921/1/Full_and_Frank_Disclosure.pdf Ibrahim, Norliah and Abdul Hak, Nora and Che Soh @ Yusoff, Roslina (2012) Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 306-311. ISSN 1991-8178 http://www.ajbasweb.com/ajbas_Special%20issue_2012.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ibrahim, Norliah Abdul Hak, Nora Che Soh @ Yusoff, Roslina Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia
description	Marriage does not affect spouse’s right to acquire property. However, any property acquired during the marriage is recognized as a matrimonial property if it is evidenced that the other spouse has contributed directly or indirectly in its acquisition. On that basis, once the marriage breaks up, the parties start to distinguish the ownership of the property and desire it to be returned to the original owner or to be sold and the proceeds to be divided between them. Some divorces are concluded smoothly and amicably but in other cases both parties fight over practically everything especially their rights in matrimonial property. The governing statute provides a proper guideline on how the property is to be divided depending on whether the property is jointly or solely acquired by the party. Nonetheless, fair distribution is almost impossible if the parties fail to discharge a duty of full and frank disclosure of all information relevant to the case particularly the total assets, income and liabilities. Thus, this paper attempts to discuss the duty of full and frank disclosure in dividing matrimonial property. This will include a discussion on the power of the court to make an adverse inference against the party if they fail to discharge their duty for the purpose of sustaining fair distribution of the matrimonial property in Malaysia by referring to the relevant provisions and decided cases.
format	Article
author	Ibrahim, Norliah Abdul Hak, Nora Che Soh @ Yusoff, Roslina
author_facet	Ibrahim, Norliah Abdul Hak, Nora Che Soh @ Yusoff, Roslina
author_sort	Ibrahim, Norliah
title	Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia
title_short	Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia
title_full	Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia
title_fullStr	Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia
title_full_unstemmed	Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia
title_sort	duty of full and frank disclosure in the division of matrimonial property : the law and practice in malaysia
publisher	INSI Publications
publishDate	2012
url	http://irep.iium.edu.my/27921/ http://irep.iium.edu.my/27921/ http://irep.iium.edu.my/27921/1/Full_and_Frank_Disclosure.pdf
first_indexed	2023-09-18T20:41:21Z
last_indexed	2023-09-18T20:41:21Z
_version_	1777409386316038144

Duty of full and frank disclosure in the division of matrimonial property : the law and practice in Malaysia

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