(i) RM21,000.00 (Iswara车子买价总数RM42,000.00 的一半); 和
(ii) RM18,000.00 (Proton Wira 买价总数 RM36,000.00 的一半).
(j) RM30,000.00 (聘用印尼女佣10年总数RM60,000.00的一半)”
- In a divorce, among others, the Wife claimed for:
“(i)Wang yang dikeluarkan untuk pembelian kereta Responden seperti berikut:
(i) RM21,000.00 iaitu separuh daripada kos keseluruhan sebanyak RM42,000.00 untuk kereta jenis Iswara; dan
(ii) RM18,000.00 iaitu separuh (1/2) daripada kos keseluruhan sebanyak RM36,000.00 untuk kereta jenis Proton Wira.
(j) RM30,000.00 iaitu separuh (1/2) daripada kos keseluruhan sebanyak RM60,000.00 sebagai wang pendahluan untuk perbelanjaan orang gaji Indonesia selama 10 tahun”
- Court Held:
- The Husband shall pay half of the total cost of the two cars which was established that the petitioner was the one responsible for buying and paying for the said motor vehicles, but the Husband was the one using it claiming it was used to fetch the Children.
- In relation to the domestic helper, it was not disputed that they had the said domestic helper for a total of ten years and therefore the respondent was ordered to pay half of the total expenses spent on the domestic helper.
Law Reform (Marriage and Divorce) Act 1976
76.Power for court to order division of matrimonial assets
(1) The court shall have power, when granting a decree of divorce or judicial separation, to order the division between the parties of any assets acquired by them during the marriage by their joint efforts or the sale of any such assets and the division between the parties of the proceeds of sale.
(2) In exercising the power conferred by subsection (1) the court shall have regard to—
(a)the extent of the contributions made by each party in money, property or work towards the acquiring of the assets;
(b)any debts owing by either party which were contracted for their joint benefit;
(c)the needs of the minor children, if any, of the marriage,
and subject to those considerations, the court shall incline towards equality of division.
(3) The court shall have power, when granting a decree of divorce or judicial separation, to order the division between the parties of any assets acquired during the marriage by the sole effort of one party to the marriage or the sale of any such assets and the division between the parties of the proceeds of sale.
(4) In exercising the power conferred by subsection (3) the court shall have regard to—
(a)the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home or caring the family;
(b)the needs of the minor children, if any, of the marriage,
and subject to those considerations, the court may divide the assets or the proceeds of sale in such proportions as the court thinks reasonable; but in any case the party by whose effort the assets were acquired shall receive a greater proportion.
(5) For the purposes of this section, references to assets acquired during a marriage include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts.
Source: Ong Suan Sim v Paul Wilfred Yap @ Yap Ah Tee  10 MLJ 640, Shah Alam High Court
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