Malaysia legislation
Section 5
Section 5
Property of married women
(a)
immediately before the date of the coming into force of this Act was the property (including the separate property)
of a married woman or held for her separate use in equity;
or
Married Women 7
(b)
belongs at the time of her marriage to a woman married after the date of the coming into force of this Act; or
(c)
after the date of the coming into force of this Act is acquired by or devolves upon a married woman, shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly:
Provided that nothing in this subsection shall—
(a)
be construed as affecting adversely the right of any married woman to any property which she had immediately before the date of the coming into force of this Act; or
(b)
interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before the date of the coming into force of this Act, or in any instrument executed before such date.
(2)
Any instrument executed on or after the date of the coming into force of this Act, shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
(3)
For the purposes of this section relating to restrictions upon anticipation or alienation—
(a)
an instrument attaching such a restriction as aforesaid executed on or after the date of the coming into force of this Act, in pursuance of an obligation imposed before that date to attach such a restriction shall be deemed to have been executed before such date;
(b)
a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and
(c)
the will of any testator who dies after the date of the coming into force of this Act, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after such date.
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Abolition of husband’s liability for wife’s torts and ante-nuptial contracts, debts and obligations 6.
Subject to this Act, the husband of a married woman shall not, by reason only of his being husband, be liable—
(a)
in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or
(b)
to be sued, or made a party to any legal proceeding brought, in respect of any such tort, contract, debt or obligation.