How Does Financial Disclosure Work in a Malaysian Divorce?

Why does disclosure matter?

The court cannot divide matrimonial property fairly without seeing both spouses’ finances. Disclosure stops either side from gaining an unfair advantage.

In Malaysia, both spouses must give full and honest details of their finances in any divorce involving property or maintenance.

What is an affidavit of assets and means?

It is a sworn statement of your full financial position: what you own, what you owe, what you earn and what you spend. It is filed in court and given to the other side.

It must be true and complete. A false statement in an affidavit is a serious offence.

What must you disclose?

Assets, whether or not you think they are matrimonial property:

• Land and buildings.
• Bank accounts and investments.
• EPF savings and company shares.
• Insurance policies, vehicles and jewellery.

Debts, such as housing and car loans, credit cards, personal loans and any guarantees you have signed.

Income from every source: salary, rent, business profit, dividends and interest. List your monthly expenses item by item to show your needs.

Which supporting documents are needed?

You must attach papers that back up your affidavit. These usually include:

• Bank statements for the past 12 months.
• EPF statements.
• Tax returns for the past three years.
• Property valuations.
• Company accounts.

If you own a business, you may also need audited and management accounts, and details of business loans or guarantees.

What if disclosure is incomplete?

The court can draw adverse inferences. This means it may assume hidden assets exist and are worth a lot.

It can also order specific discovery under Order 24 of the Rules of Court 2012, which forces the other side to produce named documents. Refusing can be treated as contempt of court.

If assets were deliberately hidden, the court may reopen the financial settlement even after the divorce is final. See our guide on hidden assets.

How can you prepare?

Start early. Copy bank statements, property papers, investment records and tax returns.

If your spouse controls the family money, start gathering information before you tell them about the divorce.

Your lawyer will help you prepare a complete affidavit, so you cannot be accused of hiding anything.

Looking to engage a divorce lawyer? If you are unsure what to declare or suspect your spouse is hiding assets, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.