The attention of Members of the Bar is drawn to the recent decision of the Federal Court in Manokaram A/L Subramaniam v Ranjid Kaur A/P Nata Singh [2008] 6 AMR 177, [2008] 6 CLJ 209, [2009] 1 MLJ 21, and the interpretation of section 76 of the Law Reform (Marriage and Divorce) Act 1976.
The position on whether or not orders for division of matrimonial property can be made after the granting of the decree nisi, even though applied for before the said grant, remains unclear.
Members are therefore advised, for the time being, to err on the side of caution and ensure that the application for division of matrimonial property is heard and ordered at the same time as the granting of the decree nisi and not at a deferred date.
Click here for the judgment of Arifin b Zakaria, FCJ, and here for the judgment of Zaki Tun Azmi, PCA.
Family Law Committee
Dated 19 Oct 2010
The position on whether or not orders for division of matrimonial property can be made after the granting of the decree nisi, even though applied for before the said grant, remains unclear.
Members are therefore advised, for the time being, to err on the side of caution and ensure that the application for division of matrimonial property is heard and ordered at the same time as the granting of the decree nisi and not at a deferred date.
Click here for the judgment of Arifin b Zakaria, FCJ, and here for the judgment of Zaki Tun Azmi, PCA.
Family Law Committee
Dated 19 Oct 2010