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

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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?
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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.
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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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liquidate all into bitcoin then declare lost the hardware key
Boomwick
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?
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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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