Tutorial 8-Tutorial on ancillary claims (maintenance and matrimonial property)

1. Jane came to know that her husband Jack is cheating on her with Nina. Jane and Jack
have 3 children, aged 10, 15 and 19. Jane is not working and Jack is the sole
breadwinner. Jane noticed that since meeting Nina, Jack had been spending most of his
money on Nina. Jane is worried about the financial aspect of her children. She wanted to
apply for maintenance for her children. She was told by her friend, Fiona that she can
only get maintenance for the children if she files for a divorce. Jane does not want to do
that. Would your answer be different if Fiona wants to apply for maintenance for her and
the children? Advise Jane.

2. Samy married Diva, a divorcee with 2 children, Nana (15 years) and Daniel (17 years).
Both children stayed wih Diva and their father, Joe is given the visitation right. Samy
adored both of them and happy to be an instant father. Samy knew that Joe contributed to
the maintenance of the children, especially for education. Samy took on the responsibility
to provide accommodation, food and clothing for the children. Recently Daniel was
accepted to do his A-Level at a private college. Since he is already 18 years old, Joe told
Daniel that he is not going to continue paying for Daniel’s education. Daniel needs to
find other ways to finance his studies. Daniel told Diva about this. Diva wants to know:

(i) How Joe can be asked to pay for Daniel’s education?

(ii) Can Samy be asked to take on the said responsibility if Joe refused to do so?
Advise Diva.

3. When the marriage is over, the process of determining what is yours, mine and ours will
begin. With reference to the provisions of decided cases, discuss what is meant by
matrimonial assets.

4. Tan Sri XYZ, now aged 78, a Malaysian business tycoon had married Puan Sri ABC,
now aged 72, a former Malaysian beauty queen in 1970 in a church in Melaka. They have
5 children from the marriage., all of whom are now over 18. At the time of the marriage,
Tan Sri XYZ was already a millionaire running a successful property company. Over the
years Tan Sri XYZ’s wealth had grew to RM 1.5 billion. Puan Sri had been at his side
throughout the years, caring for the home and family, accompanying to various business
functions, entertaining business associates and clients. As his wife, Puan Sri has lead a
luxurious lifestyle with unlimited access to housekeeping assistance, travelling in private
jets, yearly shopping, and holidays abroad. Her husband’s business concerns include
XYX Industries Berhad, a public listed company which is estimated to be worth about
RM1.2 billion, a matrimonial home valued at RM 30 million, several other properties in
Kuala Lumpur and overseas. Over the years they drifted apart and Puan Sri wants to ask
for a divorce. Nevertheless, she is worried about her financial position, since she stopped
working when she married Tan Sri. Advise Puan Sri ABC on the financial provisions and
divisions of matrimonial property upon divorce.