By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Malaysian law does not formally recognize prenuptial agreements, and courts do not rely on them when dividing property or determining spousal maintenance. Instead, financial matters are governed by the Law Reform (Marriage and Divorce) Act 1976, which grants broad judicial discretion.
Our Global Practice Perspective
For multinational couples with Malaysian connections, foreign prenuptial agreements may still hold persuasive value in other jurisdictions, even if Malaysian courts would not enforce them. Careful cross-border planning is therefore essential when assets or residences include Malaysia.
From New York and San Francisco, international family lawyer Elena Giannattasio advises clients with cross-border family law matters involving Malaysia, providing advanced forum analysis and strategic coordination with trusted local counsel in Malaysian law and other relevant jurisdictions, as appropriate.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Malaysia and does not advise on Malaysian law. All information is provided strictly for general educational purposes and is not legal advice.