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Free Malaysia Today
a day ago
- Business
- Free Malaysia Today
Spousal maintenance does not include career-related losses, court rules
The law does not guarantee the preservation of an identical standard of living following divorce or separation, says Justice Evrol Mariette Peters. KUALA LUMPUR : The High Court here has dismissed a wife's bid for interim spousal maintenance, ruling that her claim was premised on compensation for career-related setbacks rather than legitimate financial support under family law. Justice Evrol Mariette Peters said the wife had attempted to 'test the waters' in a bid to see how much she could secure from the court, a move the judge described as 'disingenuous'. 'I was compelled to remind all parties that divorce or separation is neither a lottery windfall nor a revenue-generating exercise,' Peters noted in her 23-page judgment, explaining that matrimonial proceedings were 'a legal process to address the breakdown of a marital relationship, not a means for personal enrichment'. The couple, now in their mid-60s, was married in 1987 and have three adult children. The wife brought judicial separation proceedings in 2022 and sought maintenance, which was rejected by the court in 2023. The husband then filed for divorce, which saw the wife renew her claim for interim support pending resolution of both actions. The duo are co-founders of a highly successful company and have had a long history of business collaboration, with the wife playing an active management role until 2018. Peters, who was promoted to the Court of Appeal on Monday, found that the wife did not meet the legal 'means and needs' threshold set by law for maintenance. '(The wife) was gainfully employed throughout the marriage. She maintained a steady and reliable income stream, and consistently demonstrated a strong earning capacity,' the judgment read. 'This clearly indicated that she was financially independent and capable of supporting herself without reliance on the Petitioner.' The court also took into account her substantial financial portfolio, which included assets held in the US. Significantly, Peters drew attention to the nature of the wife's claim, which stemmed from her alleged loss of salary, bonuses, allowances and EPF contributions. The wife had argued that she had suffered these losses due to the husband's influence over the companies which had led to her losing her entitlement to remuneration since April last year. 'Her claim was formulated as a form of compensation or restitution for career-related losses rather than traditional maintenance under the law,' Peters wrote. The judge said the claim as framed was legally unsustainable. Interim maintenance, she said, is intended to address genuine financial vulnerability following marital breakdown—not to redress employment grievances or replicate prior luxuries. 'It must be emphasised that the law does not guarantee the preservation of an identical standard of living following divorce or separation,' the judge said. 'It is not the court's role to preserve opulence but to avoid a sudden or unjustifiable deterioration in the standard of living of the spouse seeking support.' Peters also found that the wife's application was weakened by the absence of documentation showing actual expenses or evidence of consistent financial support from the husband during the marriage. 'Her claim for an exorbitant amount, premised solely on the lifestyle enjoyed during the marriage, was neither proportionate nor supported by the principles governing spousal maintenance,' said Peters.
Zawya
17-07-2025
- Business
- Zawya
Emirates Franchise strengthens Japan ties through Expo 2025 Osaka Mission
Abu Dhabi: The Emirates Franchise, an affiliate of the Abu Dhabi Chamber of Commerce and Industry, led a high-level trade mission to Japan from June 18 to 23, 2025, coinciding with Expo 2025 Osaka in Japan. The mission aimed to highlight the advanced UAE model in the franchising sector, reflecting the development of the business environment in the UAE and its regional leadership in this field. The delegation was headed by Her Excellency Noor Al Tamimi, Chairman Emirates Franchise - Board Member of the Abu Dhabi Chamber and included senior representatives from across the UAE's business ecosystem. Among them were Dr. Ahmed Al Shemili, Acting General Manager of the Ras Al Khaimah Chamber of Commerce and Industry, Ms. Hamda Al Suwaidi, Technical Director of the Association, and Ms. Ahood Salah Almenhali, Events Coordinator. During visits to Tokyo and Osaka, the delegation met with the Japanese Franchise (JFA) engaged with economic institutions and companies interested in entering the UAE market. Discussions focused on fostering collaboration, showcasing the UAE's growing franchising opportunities, and outlining the Association's strategic plans to attract global brands and supporting the international expansion of local franchises. H.E. Noor Al Tamimi affirmed that this mission marks a key milestone in strengthening the global presence of Emirati franchising and reinforcing the UAE's position as a hub for innovative business models. 'She pointed out that the participation is a part of the Association's efforts to empower national brands, open new channels for international cooperation, and facilitate the exchange of knowledge and best practices in line with the UAE's goals for international expansion. She added, 'Our engagements with public and private stakeholders in Japan emphasised the Association's role as a key enabler of franchise sector growth. These efforts contribute to building meaningful partnerships that transcend borders and highlight the UAE's appeal as a destination for high-value international brands.' On the sidelines of the visit, H.E. Al Tamimi explored with Mr. Yoshiteru Obinata, Executive Director of JFA, collaboration opportunities and knowledge exchange between the two sides. The discussion covered JFA's structure, which includes over 470 franchisors and 1,286 brands, and its role in advancing the sector through education, training, and sector development. The UAE delegation outlined its strategy to strengthen the global footprint of Emirati franchises and deepen cooperation with global partners. At the UAE Pavilion at Expo 2025 Osaka, an introductory tour was held for both UAE and Japanese delegations, highlighting national achievements in innovation across sectors such as space, healthcare, and sustainability. The Emirates Franchise delegation, along with representatives from the Japan Franchise (JFA), toured the UAE pavilion at Expo 2025 Osaka, highlighting the UAE's efforts in innovation, with a focus on the space, healthcare, and sustainability sectors. During the visit, H.E. Al Tamimi presented the Association's vision to empower local brands and attract leading international franchises, enhancing the UAE's presence on the international franchise map. H.E. Dr. Al Shemili commended the Association for its leadership in organising the mission, while Ms. Sheikha Al Ketbi, Deputy Commissioner-General of the UAE Pavilion, praised the delegation's proactive engagement with Japanese and global stakeholders. The tour included visits to pavilions of other participating countries, where global experiences were explored and knowledge was exchanged on best practices in the franchising sector and sustainable development, reinforcing the Association's international visibility and ongoing efforts to promote Emirati brands on the global stage. The delegation also met with numerous Japanese companies interested in entering the UAE market. Mr. Sho Hideteki, from Japan External Trade Organization (JETRO), expressed full support for facilitating market entry through collaboration with the Association and the Abu Dhabi Chamber. As part of the programme, the delegation participated in the "Prosperous Franchising: From the UAE to Osaka and Beyond" session held at the UAE Pavilion, attended by JETRO officials and Japanese business representatives. The session highlighted the UAE's supportive business environment and franchising opportunities, creating pathways for future partnerships within the Japanese market and beyond. The delegation's visit resulted in tangible outcomes including strengthened cooperation with Japanese franchising institutions, the activation of a partnership agreement between the Abu Dhabi Chamber and JETRO, and the establishment of direct communication channels to facilitate the entry of Japanese companies into the UAE market.
