Prenuptial Agreement Singapore

The prenuptial agreement outlines the terms of the marriage and what will happen to the couple after the divorce. The agreements can be used for any issue to which divorce-related proceedings are typically applied, including maintenance, dividing marital assets, and children. Definitely, there might be some spouses, yet not aware of such agreements. Then probably your all confusion will be cleared by reading this article.

What are Prenuptial Agreements?

In a prenuptial agreement, spouses make a contract before tying the knot. Some couples consider prenuptial agreements to be a practical means of stipulating the same rights and obligations relating to property, custody and support, and to cover themselves against the reason of divorce.

The Singapore Court of Appeal adopted a prenuptial agreement in 2009. Additionally, the court of appeal also added that not all the prenuptial agreement

Although the spouses need to meet a contract’s legal requirements, considering their contractual nature. This simply means that prenuptial agreements should be supported by the specified requirements and criteria and should not be undertaken through misrepresentation, fraud, duress, unconscionability, or undue influence.

Are Prenuptial Agreements Valid and Enforceable by the Court?

A prenuptial agreement (or any aspect of it) that contravenes the express provisions of the Women’s Charter will not be enforced. When it comes to divorce-related matters, the court has the authority to examine a prenuptial contract and refuse to enforce it if it violates the Women’s Charter.

According to section 112 of the Women’s Charter act, the court has the authority to divide the matrimonial assets of a couple equally, taking into account the prescribed circumstantial factors.

The prenuptial agreement that complied with the foreign laws and made by the foreign citizens might be given extra importance by courts.

Additionally, it goes without saying that the court will exercise vigilant scrutiny to guard against agreements in conflict with the Women’s Charter.

The same applies to providing maintenance (be it to the spouse or children); the court needs to follow the directives set out under section 114 of the Women’s Charter.

This means it may mention the prenuptial agreement, but it is not obligated to follow its terms.

The above-specified principles also apply to terms concerning the custody, access, and care and control related issues– either of the parties does not have the authority to override the court’s ultimate power to make these decisions.

Prenuptial and Postnuptial Agreements

There is a marked difference between the circumstances in which postnuptial agreements are drawn up and those that apply to prenuptial agreements.

Under section 112(2)(e) of the Women’s Charter, a court that weighs postnuptial agreements differently from prenuptial agreements may attribute more weight to postnuptial agreements.

What are the Matters That Can be Dealt with in a Prenuptial Agreement?

A prenuptial agreement can address most, if not all, issues regarding the state of affairs between two married persons.

Prenuptial agreements can be categorized as agreements that address property ownership or division, maintenance issues, during the marriage, after the marriage ends, or when the couple divorces.

This agreement is also meant to deal with the issues concerning the care of their children.

What are the Usual Terms in a Prenuptial Agreement?

Some usual terms of a prenuptial agreement include:

• The ownership of property during the marriage (parties may agree to a joint ownership arrangement, such as 30/70 ownership of a house);
• Property division during a divorce or separation, or when a party dies;
• Obligations and debts of one or both parties;
• Maintenance-related concerns; and

Benefits of Prenuptial Agreements

Prenuptial agreements can:

• Providing additional certainty for the parties concerning their financial arrangements;
• The primary benefits of a prenuptial agreement are to protect the assets obtained by one party before the marriage;
• Protect spouses from the debts incurred by the other party; and
• It also helps protect either of the spouses from the debts incurred by the other party;

How to Draft a Prenuptial Agreement

When deciding on the terms and conditions of a prenuptial agreement, it is essential to closely understand the policies and express provisions of the Women’s Charter. As long as the agreement complies with the Charter, it is likely that the Singapore courts will consider it.

Conclusion 

When you are engaged, you can execute a prenuptial agreement setting out the terms of your divorce settlement. As a guide for the Court, rather than a binding contract, a prenuptial agreement in Singapore informs their decisions regarding ancillary matters in the divorce proceedings. For any such proceedings, you might require Singapore translation service at a cost-effective price, Singapore translators should be an ideal choice for you.