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 How do you guys protect your assets in a divorce?, Question for non-muslim

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TSlindtra
post Dec 26 2023, 11:35 AM, updated 2y ago

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From my research, prenup seems to be none binding in Malaysia. But may be used as a reference in court, seems ambiguous as to how much of weight it carries in court as it doesn't guarantee the conditions of prenup.

My questions to non-Muslims, how do you protect your assets in the event of divorce? Also, what is the "default" entitlement for man and woman, is it 50/50?

Men who are going through it or with past experience, what have you done or think you should have done earlier? Did you manage to win any dispute, if you had any in the past regarding this matter?
cooldog_777
post Dec 26 2023, 11:40 AM

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few family members went thru divorce.
normally very gentlemen will give the house to the ex-wife.
alimonies tak tahu ada bagi tak. coz never ask them.
then about children, never rebut. just follow mom, when free can go visit the children anytime


This post has been edited by cooldog_777: Dec 26 2023, 11:49 AM
hksgmy
post Dec 26 2023, 11:40 AM

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Good luck bro. I hope things work out well for you.
il0ve51
post Dec 26 2023, 11:59 AM

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QUOTE(lindtra @ Dec 26 2023, 12:35 PM)
From my research, prenup seems to be none binding in Malaysia. But may be used as a reference in court, seems ambiguous as to how much of weight it carries in court as it doesn't guarantee the conditions of prenup.

My questions to non-Muslims, how do you protect your assets in the event of divorce? Also, what is the "default" entitlement for man and woman, is it 50/50?

Men who are going through it or with past experience, what have you done or think you should have done earlier? Did you manage to win any dispute, if you had any in the past regarding this matter?
*
set up trust,
th3.h04rd3r
post Dec 26 2023, 12:08 PM

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Try the Achraf Hakimi strategy, transfer all your assets to your mother.
-mystery-
post Dec 26 2023, 12:09 PM

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Dec 26 2023, 12:13 PM
This post has been deleted by lindtra because: Useless reply.

jerm57
post Dec 26 2023, 12:42 PM

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While pre-nups are not binding, the judge will also try to give a fair separation. Mostly they just want to see that the man is not leaving the wife with nothing. Judges are people too.
Rusty Nail
post Dec 26 2023, 12:46 PM

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I thought split of assets only applies to those accumulated after date of marriage?
TSlindtra
post Dec 26 2023, 12:50 PM

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QUOTE(jerm57 @ Dec 26 2023, 12:42 PM)
While pre-nups are not binding, the judge will also try to give a fair separation. Mostly they just want to see that the man is not leaving the wife with nothing. Judges are people too.
*
"fairness" will be very subjective and won't be very fair if it is based on the fair definition of the judge alone, without a real objective guide for this kind of dispute. What if the judge is a misandrist or have some personal bias.

Anyways, my question was, what can be done to protect one's asset. If you have any idea or experience, share it.
jerm57
post Dec 26 2023, 01:02 PM

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QUOTE(lindtra @ Dec 26 2023, 12:50 PM)
"fairness" will be very subjective and won't be very fair if it is based on the fair definition of the judge alone, without a real objective guide for this kind of dispute. What if the judge is a misandrist or have some personal bias.

Anyways, my question was, what can be done to protect one's asset. If you have any idea or experience, share it.
*
sweat.gif sweat.gif that's why divorce is usually best negotiated with a legally appointed mediator.

Anyway, I had a blacksheep uncle who never kept any asset or money under his own name. He had shell companies set up and confidantes to hold his assets. So in his 3 divorces, he just left them high and dry.
xHj09
post Dec 26 2023, 01:08 PM

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For properties, if you bought before getting married it won’t be split.
MasBoleh!
post Dec 26 2023, 01:21 PM

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QUOTE(Rusty Nail @ Dec 26 2023, 12:46 PM)
I thought split of assets only applies to those accumulated after date of marriage?
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QUOTE(xHj09 @ Dec 26 2023, 01:08 PM)
For properties, if you bought before getting married it won’t be split.
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How about shares and other kind of assets that easily liduidate?

This post has been edited by MasBoleh!: Dec 26 2023, 01:21 PM
netflix2019
post Dec 26 2023, 01:44 PM

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( wife asset + husband asset ) divice by two is what ppl want.

The truth is depend on how u nego with your ex. Usually will avoid to trigger each other, if drag to courtroom in the end lawyer win all. Most of the time the ex-wife will think she entitled to half of everything, bising mau go courtroom. End up just attrition battle, keep going to court until she give up. I have friend battle in court for close to 5 years, toward the end the wife just gave up and agree for 200k cash settlement.
-mystery-
post Dec 26 2023, 01:49 PM

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QUOTE(jerm57 @ Dec 26 2023, 12:42 PM)
While pre-nups are not binding, the judge will also try to give a fair separation. Mostly they just want to see that the man is not leaving the wife with nothing. Judges are people too.
*
look at murica esp California law
the men are desperately getting away from marriage lmao
blindmutedeaf
post Dec 26 2023, 02:22 PM

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It is case by case basis.
If got 3rd party involve then it will become very complicated especially if spouse already planning it for example keeping proof of assist to do repayment and etc then yea... Again, it is case by case basis
TSlindtra
post Dec 26 2023, 03:03 PM

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QUOTE(netflix2019 @ Dec 26 2023, 01:44 PM)
( wife asset + husband asset ) divice by two is what ppl want.

The truth is depend on how u nego with your ex. Usually will avoid to trigger each other, if drag to courtroom in the end lawyer win all. Most of the time the ex-wife will think she entitled to half of everything, bising mau go courtroom. End up just attrition battle, keep going to court until she give up. I have friend battle in court for close to 5 years, toward the end the wife just gave up and agree for 200k cash settlement.
*
Of course in an ideal world and scenario, we would prefer a peaceful end, but a lot(mostly wealthy people) will go through dispute of wealth, and a lot will be unprepared for it.
TSlindtra
post Dec 26 2023, 03:04 PM

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QUOTE(MasBoleh! @ Dec 26 2023, 01:21 PM)
How about shares and other kind of assets that easily liduidate?
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I need answer to this as well.
TSlindtra
post Dec 26 2023, 03:05 PM

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QUOTE(jerm57 @ Dec 26 2023, 01:02 PM)
sweat.gif  sweat.gif  that's why divorce is usually best negotiated with a legally appointed mediator.

Anyway, I had a blacksheep uncle who never kept any asset or money under his own name. He had shell companies set up and confidantes to hold his assets. So in his 3 divorces, he just left them high and dry.
*
Maybe can invite your uncle to this thread to learn a thing or two
RGRaj
post Dec 26 2023, 03:17 PM

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QUOTE(-mystery- @ Dec 26 2023, 01:49 PM)
look at murica esp California law
the men are desperately getting away from marriage lmao
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It seems even cheating ex wives get a lot in the settlement .

hoonanoo
post Dec 26 2023, 10:28 PM

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Convert...then divorce
hksgmy
post Dec 27 2023, 12:56 AM

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If, knock on wood, wife and I decide to part ways, I’m more than happy for her to take her half. Or more. We built our lives up together, if not for her steady income funding my postgraduate education and examinations and her giving me financial peace of mind for me to just be able to do what I am good at, I wouldn’t be as successful and as accomplished as I am today. I owe her at least that much.

Money I can always make again.
Prometric
post Dec 27 2023, 09:08 AM

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No such thing as 50/50 in Malaysia. Unless the property she got name also.
TSlindtra
post Dec 27 2023, 09:29 AM

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QUOTE(hksgmy @ Dec 27 2023, 12:56 AM)
If, knock on wood, wife and I decide to part ways, I’m more than happy for her to take her half. Or more. We built our lives up together, if not for her steady income funding my postgraduate education and examinations and her giving me financial peace of mind for me to just be able to do what I am good at, I wouldn’t be as successful and as accomplished as I am today. I owe her at least that much.

Money I can always make again.
*
Congratulations, you found a good wife who would live through the good and bad with you. But not many men would be as lucky as you.

I think my question is more applicable to some affluent people who marry their wives just to sit around and enjoy good life. They don't have the opportunity to go to the test of time, through good and bad, doing absolutely nothing in their lives, other than just being their trophy wife.

Nothing wrong with that I suppose, but when things don't go well, their sense of entitlement is disproportionate to their past contribution.
hksgmy
post Dec 27 2023, 09:43 AM

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QUOTE(lindtra @ Dec 27 2023, 09:29 AM)
Congratulations, you found a good wife who would live through the good and bad with you. But not many men would be as lucky as you.

I think my question is more applicable to some affluent people who marry their wives just to sit around and enjoy good life. They don't have the opportunity to go to the test of time, through good and bad, doing absolutely nothing in their lives, other than just being their trophy wife.

Nothing wrong with that I suppose, but when things don't go well, their sense of entitlement is disproportionate to their past contribution.
*
Agree. Trophy wives only contribution is bragging rights and that’s not worth shit.
Pip_X
post Dec 29 2023, 03:25 PM

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Malaysia got pre-nup??
SUSPatthelol
post Feb 15 2024, 04:30 AM

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One thing that helped me was keeping good records of my assets, especially the stuff I had before getting married. And try to keep your personal money separate from joint accounts if you can. It just makes things clearer if things go south.
Some folks use trusts to protect their assets. Sounds fancy, but it's basically just a legal way to keep your stuff safe. You'll need a lawyer to set it up right, though.

When solving my problems, I got in touch with these affordable divorce lawyers. They guided me through the process and helped me to keep my assets.

This post has been edited by Patthelol: Feb 20 2024, 03:25 AM
hoonanoo
post Feb 15 2024, 09:10 AM

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convert
hoonanoo
post Feb 15 2024, 09:14 AM

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QUOTE(hksgmy @ Dec 27 2023, 12:56 AM)
If, knock on wood, wife and I decide to part ways, I’m more than happy for her to take her half. Or more. We built our lives up together, if not for her steady income funding my postgraduate education and examinations and her giving me financial peace of mind for me to just be able to do what I am good at, I wouldn’t be as successful and as accomplished as I am today. I owe her at least that much.

Money I can always make again.
*
https://www.scmp.com/news/hong-kong/law-and...r-hong-kong-who

Good to know that you appreciate your wife.

this Msian-HK doctor yoga ball gassed his wife but also accidentally killed his daughter, because he wanted to marry his younger pretty HK assistant as he was very unhappy with his wife method of raising his 3 children.

And he is so cheapskate despite being a HK professor, that he wouldn't want to part a cent in any divorce to his wife, even though his wife gave birth to his 3 children and raised them herself.
OnePiece999
post Feb 15 2024, 02:19 PM

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if you dont tell nobody would know, so just keep quite

This post has been edited by OnePiece999: Feb 15 2024, 02:19 PM
shunner19
post Oct 10 2024, 04:31 PM

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QUOTE(MasBoleh! @ Dec 26 2023, 01:21 PM)
How about shares and other kind of assets that easily liduidate?
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Curious about this, anyone got any idea, I have 7 digits in IBKR, I doubt divorce courts can trace that, but just want to be sure. What about EPF, can they touch it?
dwks
post Oct 10 2024, 06:28 PM

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QUOTE(hksgmy @ Dec 27 2023, 12:56 AM)
If, knock on wood, wife and I decide to part ways, I’m more than happy for her to take her half. Or more. We built our lives up together, if not for her steady income funding my postgraduate education and examinations and her giving me financial peace of mind for me to just be able to do what I am good at, I wouldn’t be as successful and as accomplished as I am today. I owe her at least that much.

Money I can always make again.
*
The only dude here, rest just cheapskate who think raising children is sitting at home and enjoying life.

Talking from experience from been raised by single mother
wigneswr
post Oct 10 2024, 06:31 PM

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Lots of personal opinions being offered here with very little actual examples.

jayb2
post Oct 10 2024, 08:00 PM

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QUOTE(wigneswr @ Oct 10 2024, 06:31 PM)
Lots of personal opinions being offered here with very little actual examples.
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Yeap some people even taking opportunity to seek self validation here... the one talking about non trophy wife funding him. Such a waste of post space as out of topic..without offering advice related to post.

This post has been edited by jayb2: Oct 10 2024, 08:09 PM
The Retailer
post Oct 10 2024, 08:10 PM

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QUOTE(lindtra @ Dec 27 2023, 09:29 AM)
Congratulations, you found a good wife who would live through the good and bad with you. But not many men would be as lucky as you.

I think my question is more applicable to some affluent people who marry their wives just to sit around and enjoy good life. They don't have the opportunity to go to the test of time, through good and bad, doing absolutely nothing in their lives, other than just being their trophy wife.

Nothing wrong with that I suppose, but when things don't go well, their sense of entitlement is disproportionate to their past contribution.
*
🤔 thats a bad pov.

The husband want to give, then give lor, give d so much kikat, not sincere tu.

Its a bad relationship if either side think their “contribution” more atas. Thats a signal of a bad lousy insecure husband


nelson969
post Oct 10 2024, 10:14 PM

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i suggest everything in black and white , discuss with your divorce lawyer.

the drama will be none stop, especially the parent in law and your parent
Lembu Goreng
post Oct 10 2024, 10:20 PM

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Open offshore account and don't tell her about it
B0ss_ku
post Oct 11 2024, 06:23 AM

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QUOTE(jerm57 @ Dec 26 2023, 01:02 PM)
sweat.gif  sweat.gif  that's why divorce is usually best negotiated with a legally appointed mediator.

Anyway, I had a blacksheep uncle who never kept any asset or money under his own name. He had shell companies set up and confidantes to hold his assets. So in his 3 divorces, he just left them high and dry.
*
Wow

It took him 3 marriages to realize it's not for him?
Calvin Seak
post Oct 11 2024, 06:56 AM

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QUOTE(lindtra @ Dec 26 2023, 11:35 AM)
From my research, prenup seems to be none binding in Malaysia. But may be used as a reference in court, seems ambiguous as to how much of weight it carries in court as it doesn't guarantee the conditions of prenup.

My questions to non-Muslims, how do you protect your assets in the event of divorce? Also, what is the "default" entitlement for man and woman, is it 50/50?

Men who are going through it or with past experience, what have you done or think you should have done earlier? Did you manage to win any dispute, if you had any in the past regarding this matter?
*
Hey bro hope things are going good for you

For your question, please take everyone's opinion with a pinch of salt.. The only person qualified to answer you is a lawyer with experience

From my understanding even if people suggest you to liquidate the assets that you have and put it somewhere else so that on paper it doesn't belong to you

The court will trace back all transactions that has been transffered out within 3 years..

The reason why I know this is that I am a real estate agent for luxury condos and a client is going through a divorce and asked me for advice regarding his properties, so I seeked council from the lawyers I've met throughout my career
gashout
post Oct 11 2024, 07:51 AM

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QUOTE(dwks @ Oct 10 2024, 06:28 PM)
The only dude here, rest just cheapskate who think raising children is sitting at home and enjoying life.

Talking from experience from been raised by single mother
*
agree to that, men and career think money is everything, forgetting women spent their whole lifetime, sacrificing careers, become stay home mother, bringing up their functional children. that money cannot even put a number to it.

even bring in examples of trophy wives, there is a reason why there are trophy wives, pay for your bragging rights. if cannot afford, then best be single and humble.

friedricetheman
post Oct 11 2024, 09:02 AM

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Here’s the thing. Your lawyer can use a negotiator to negotiate with your soon to be ex spouse’s lawyer on assets allocation. Usually there is no need to go to court as they will come to an agreement.

I believe the important thing is not asset allocations but the kids. The guardianship, control and custody of the kids is more important.

If you need a good divorce lawyer, you can PM me.

This post has been edited by friedricetheman: Oct 11 2024, 09:14 AM
SuperTuhan
post Oct 11 2024, 09:13 AM

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QUOTE(Calvin Seak @ Oct 11 2024, 06:56 AM)
Hey bro hope things are going good for you

For your question, please take everyone's opinion with a pinch of salt.. The only person qualified to answer you is a lawyer with experience

From my understanding even if people suggest you to liquidate the assets that you have and put it somewhere else so that on paper it doesn't belong to you

The court will trace back all transactions that has been transffered out within 3 years..


The reason why I know this is that I am a real estate agent for luxury condos and a client is going through a divorce and asked me for advice regarding his properties, so I seeked council from the lawyers I've met throughout my career
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u can transfer to family members , the reason of transfer, Kasih Sayang
hksgmy
post Oct 11 2024, 09:18 AM

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QUOTE(SuperTuhan @ Oct 11 2024, 09:13 AM)
u can transfer to family members , the reason of transfer, Kasih Sayang
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Judge may see through that in a flash and rule punitively against you as a result.
overthemoon
post Oct 11 2024, 10:10 AM

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QUOTE(SuperTuhan @ Oct 11 2024, 09:13 AM)
u can transfer to family members , the reason of transfer, Kasih Sayang
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You can actually transfer your brick and mortar props under the kasih sayang exemption from RPGT, stamp duty etc but that only applies to transfer to spouse.
hoonanoo
post Oct 11 2024, 10:24 AM

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QUOTE(lindtra @ Dec 26 2023, 11:35 AM)
From my research, prenup seems to be none binding in Malaysia. But may be used as a reference in court, seems ambiguous as to how much of weight it carries in court as it doesn't guarantee the conditions of prenup.

My questions to non-Muslims, how do you protect your assets in the event of divorce? Also, what is the "default" entitlement for man and woman, is it 50/50?

Men who are going through it or with past experience, what have you done or think you should have done earlier? Did you manage to win any dispute, if you had any in the past regarding this matter?
*
You ask about prenup means you haven't got married yet right?

because nobody marries, then later ask to do a prenup contract. Usually they discuss before marriage.

but in msia, I don't tink prenup applies.

i believe for someone that is afraid that if their assets kena divided, better not to get married lor.


friedricetheman
post Oct 11 2024, 10:32 AM

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QUOTE(hksgmy @ Oct 11 2024, 09:18 AM)
Judge may see through that in a flash and rule punitively against you as a result.
*
Easiest way is to get a really good lawyer that specializes in family laws. Expect to pay around RM9-10k all in for a joint petition or double that for a single petition for a good lawyer. Just don’t ask me how I know so much.

QUOTE(hoonanoo @ Oct 11 2024, 10:24 AM)
You ask about prenup means you haven't got married yet right?

because nobody marries, then later ask to do a prenup contract. Usually they discuss before marriage.

but in msia, I don't tink prenup applies.

i believe for someone that is afraid that if their assets kena divided, better not to get married lor.
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Prenup doesn’t hold any water in court as it is not legally recognized and it’s at the presiding judge’s discretion on whether if your prenup is valid or not. Don’t bother with it.

This post has been edited by friedricetheman: Oct 11 2024, 10:33 AM
rx330
post Oct 11 2024, 11:29 AM

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QUOTE(friedricetheman @ Oct 11 2024, 10:32 AM)
Easiest way is to get a really good lawyer that specializes in family laws. Expect to pay around RM9-10k all in for a joint petition or double that for a single petition for a good lawyer. Just don’t ask me how I know so much.
Prenup doesn’t hold any water in court as it is not legally recognized and it’s at the presiding judge’s discretion on whether if your prenup is valid or not. Don’t bother with it.
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wahh now price increase liao

last time I remember ard 3k , but tat was decade ago tongue.gif tongue.gif
friedricetheman
post Oct 11 2024, 12:05 PM

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QUOTE(rx330 @ Oct 11 2024, 11:29 AM)
wahh now price increase liao

last time I remember ard 3k , but tat was decade ago  tongue.gif  tongue.gif
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Fees are dependent on your lawyer. More profilic lawyers are able to charge more and you as the client is willing to pay more due to being able to save money in the long run.

Don’t be penny wise, pound foolish when it comes to things that has long term consequences.

My advice to TS as someone who went through something similar, is to engage the best family law expert you can find to make sure that the petition is fair to both parties.

This post has been edited by friedricetheman: Oct 11 2024, 12:06 PM
jay
post Oct 11 2024, 12:34 PM

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post Oct 11 2024, 01:02 PM

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QUOTE(lindtra @ Dec 26 2023, 11:35 AM)
From my research, prenup seems to be none binding in Malaysia. But may be used as a reference in court, seems ambiguous as to how much of weight it carries in court as it doesn't guarantee the conditions of prenup.

My questions to non-Muslims, how do you protect your assets in the event of divorce? Also, what is the "default" entitlement for man and woman, is it 50/50?

Men who are going through it or with past experience, what have you done or think you should have done earlier? Did you manage to win any dispute, if you had any in the past regarding this matter?
*
Do it like c ronaldo
netflix2019
post Oct 11 2024, 01:35 PM

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QUOTE(SuperTuhan @ Oct 11 2024, 09:13 AM)
u can transfer to family members , the reason of transfer, Kasih Sayang
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ppl who believe this wouldnt be able to afford properties anyway. The opposing lawyer will bankrupt u if u do this.
jerm57
post Oct 11 2024, 02:46 PM

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QUOTE(B0ss_ku @ Oct 11 2024, 06:23 AM)
Wow

It took him 3 marriages to realize it's not for him?
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He's a womaniser. Constantly finding younger woman. mega_shok.gif
vee007
post Nov 25 2024, 01:38 PM

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Too much issue to a point of divorce but with young kids involve i wanted peacefu pathway.

Wife lawyers (crazy b*t*cH) n stupid family/friends forcing to fight 90% and ALL properties - leaving me with 10% with excuse; "its for the child".

till today; living unhappy with no solution.

Paksa to stay for now; thinking if i should fight but cannot as will impact the kids.
OR
waste all my propetry and 90% income which she will spent/give my hard earn on her aunty brother parents and other bullshits.

Personally she should get nothing TAPI im happy happy if agreed 50% (but not forever la) and hoping Custody (<5yrs old) go to me
akidos
post Nov 25 2024, 01:42 PM

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QUOTE(lindtra @ Dec 26 2023, 12:35 PM)
From my research, prenup seems to be none binding in Malaysia. But may be used as a reference in court, seems ambiguous as to how much of weight it carries in court as it doesn't guarantee the conditions of prenup.

My questions to non-Muslims, how do you protect your assets in the event of divorce? Also, what is the "default" entitlement for man and woman, is it 50/50?

Men who are going through it or with past experience, what have you done or think you should have done earlier? Did you manage to win any dispute, if you had any in the past regarding this matter?
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I dont know either , but i did read about irrevocable trust fund . The thing some muslims wants to protect the assets from faraid law too if you have douche family .

 

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