Prenuptial Agreement in Singapore
Prenuptial Agreement in SingaporeUpdated on Monday 22nd April 2019
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What are prenuptial agreements?
Prenuptial agreements are contracts entered into between two persons before getting married in Singapore. Since they are regarded as contracts, prenuptial agreements must satisfy certain criteria as any legal contract. Prenuptial agreements have become very popular during the last years and represent a solution to determine the rights over properties or children custody in the possibility of a divorce.
Legislation related to prenuptial agreements in Singapore
Prenuptial agreements that contravene the legislation provided by the Women’s Charter will not be deemed legal in Singapore. In case of divorce procedures, a Singapore court of law will verify the prenuptial agreement and decline its enforcement if it does not comply with the requirements of the Women’s Charter. According to section 112 in the Women’s Charter, the court will divide matrimonial assets in a fair and reasonable way in case of divorce. The court can use the prenuptial agreement to determine an equitable division of goods, but it is legally required to do so.
What can a Singapore prenuptial contract contain?
Singapore prenuptial contracts may contain provisions regarding all the matters that may arise in a marriage in case of divorce or judicial separation. Among these:
- - division of real estate property in case of divorce,
- - maintenance for the wife or children,
- - the payment of debts,
- - life or medical insurances.
Prenuptial agreements usually offer a certain degree of certainty in the arrangements made by couples before getting married, may also protect the goods attained by one of the spouses before marriage, may also protect parties in case of debts incurred during the marriage and, in certain cases, family business, such as Singapore companies, may be protected in case of a divorce.
How to draft a prenuptial agreement in Singapore?
When drafting a prenuptial agreement it is highly advisable to consult a law firm in Singapore. The Singapore lawyers can draft the prenuptial contract based on the provisions of the Women’s Charter. Furthermore, the lawyers will also advise spouses regarding the matters that should be addressed in the agreement.
For details about the Women’s Charter or representation in litigation cases you can contact our attorneys in Singapore.