Family is a single word with many different meanings.

People have many ways of

defining a family and what being a part of a family means to them. Families differ in terms of
economic, cultural, social, and many other facets, but what every family has in common is that
the people who call it a family are making clear that those people are important in some way
to the person calling them his family Family is a group of individuals who share a legal or
genetic bond. Family is all who live in same household including servants, relatives, with same
person or persons directing this economic and social unit. According to Maciver is a group
defined by sex relationship sufficiently enduring to provide for the procreation and upbringing
of children. Other than that, according to Nimkoff, family is more or less association of a
husband and wife with or without a children of a man or with woman alone with children.
According to Claire, family is a system of relationship existing between parents and children.
According to Elliot and Merrille, family is the logical social unit composed of wife husband
and children.

There are different types of family structures each of which equally viable as a
supportive caring unit. Traditional family includes nuclear family, extended family and joint
family. Nuclear Family is also called a conjugal family which includes the parents and their
children living in the same residence or sharing the closest bonds. Extended family is type of
family includes all relatives in close proximity, such as grandparents, aunts, uncles, and
cousins. In a family household that is extended, these relatives typically live together and all
share daily household duties. Joint family is a large family where the grandparents, father,
mother, uncle, aunty and their children live unitedly under one roof. In the joint family system,
every member makes financial contribution to the common fund and share common rights in
the household property. New modes family which is also called as modern family includes
blended family, single family, unmarried family and communal family. Blended family means
is a family unit where one or both parents have children from a previous relationship, but they
have combined to form a new family. It also can be called as step family, reconstituted family
or a complex family. Single family means that only one parent present in the family. Unmarried
family consists of unmarried couple who are living together. Communal family is when a group
of families that living together and sharing responsibilities.
 Eventhough there are various kind of family, but not all of them are accepted by the
society or recognized by the Law Reform Act (Marriage And Divorce) 1976. Generally, the
traditional type of family would not faced any issues in respect of society acceptance and
protection under the law rather than the new modes family. In terms of community acceptance,
blended, single and communal family do not face such difficulties as the practice has been
around for a long time and does not contrary with the moral standard of Malaysian society.
Unlike unmarried family or known as cohabitation, even though this practice is familiar
nowadays, it still suffers from the issue of community acceptance as it does not provide
sufficient assurance in marriage responsibility rather than married couples. Futhermore, for
some races, it would be indecent for them to abandon their traditional practices. Marriage is a
state endorsed form of status given to married couples, while cohabitation is merely recognised
on the basis of function without any legal endorsement to the relationship. Therefore,
cohabitants could be addressed as unmarried partners who live together as a couple, but not in
a state recognised relationship.

In Malaysia, unmarried cohabitants are not legally recognised of their relationship,

however it is not a criminal offence. The Malaysian courts do not treat unmarried cohabitants
equally to married spouses. The Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) is
not extended to unmarried cohabitants. The civil courts apply the principle of constructive trusts.
The parties who have contributed to the purchase price, mostly have undisputable legal rights over the
property contested. The party who has not made any monetary contribution does not have a quorum in
demanding property division. Although the court recognises the functionality of cohabitants within the
relationship, hence, accept the relationship; the party by whose sole effort the property was acquired
receives a greater share than the party who has not made any financial contribution. This principle is
similar to the position of married couples, whereby, those spouses who have made more of a financial
contribution in the acquisition of the matrimonial property receives a greater share than the other party
who merely contributes in taking care of the home and children.

For instance, in terms of matrimonial property in the case of Sivanes A/L Rajaratnam v Usha
Rani A/P Subramaniam, 28 (obiter dictum) the court mentioned that: “In this country, the courts should
not treat such a relationship in Dennis v McDonald29 as a ‘matrimonial relationship.’ There must be
a valid marriage under Malaysian law applicable to a couple before there can be any matrimonial
relationship. In this country, a person is either married or not married. There is nothing in between….
The principle in Dennis v McDonald should not be applied to unmarried couples in Malaysia. The terms
‘matrimonial property,’ ‘matrimonial home,’ ‘conjugal rights,’ ‘matrimonial proceedings’ or ‘division
of matrimonial assets’ are terms exclusively for lawfully married couples.” By comparing unmarried
cohabitants to married couples, the former undergo ambiguities in the laws applicable to them
rather than the latter.