Rights of future interest as matrimonial property: special reference to earning capacity
Traditionally, the claims of matrimonial property are mainly confined to existing and personal property which exist or were acquired during the marriage prior to the divorce, such as buildings, land, vehicles, etc. However, with the changes in the economic sources and social behaviour of the mo...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
International Islamic University Malaysia
2014
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/43802/1/Article_Dr_Norliah.pdf http://irep.iium.edu.my/43802/ http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/136/125 |
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| Summary: | Traditionally, the claims of matrimonial property are
mainly confined to existing and personal property which
exist or were acquired during the marriage prior to the
divorce, such as buildings, land, vehicles, etc. However,
with the changes in the economic sources and social
behaviour of the modern society, whereby earnings
and proprietary rights are no longer confined to merely
property but also include future interest and future
earnings such as investments, trust fund and business
ventures, it is perceived that the scope of claims on
matrimonial property shall also be revolutionised to
include claims in future earnings of the divorced parties.
This paper discusses the legal principle which the
court could apply when it comes to claims on future interest
as matrimonial property. The case law analysis is merely
confined to the Malaysian precedents and the analogy of
human capital earnings is used by the writers to justify
the possibility of claims in all types of future earnings as
matrimonial property |
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