Prenuptial Agreement Lawyers
Get in touch for professional legal advice surrounding prenuptial agreements in Singapore.
For a secure and informed start to your marriage
Our accomplished team of family lawyers boasts extensive experience in crafting prenuptial agreements. With us by your side, you can navigate this important process with confidence, secure in the knowledge that your rights and interests will be safeguarded every step of the way.
Your trusted legal partner
PKWA family lawyers have consistently earned recognition as leading Singapore lawyers in esteemed publications such as the Straits Times, Benchmark Litigation, Asian Legal Business, Singapore Business Review, and Doyle's Guide. With over 30 years of history and a dedicated team of more than 100 professionals, we have earned the trust of major banks like DBS, UOB, OCBC, and Maybank.
Fixed and transparent fees
Choosing our firm offers you a distinct advantage – the assurance of fixed and transparent fees for our prenuptial agreement services. We believe in making financial planning straightforward and predictable, allowing you to budget with confidence and eliminating concerns about unexpected expenses. Our prenuptial agreement services start at just $2,990.
Why get a Prenuptial Agreement?
A prenuptial agreement is a legal contract entered into by a couple before marriage. Its primary purpose is to outline the financial arrangements and responsibilities of each spouse in the event of a divorce or the passing of one spouse. Below is some simple examples where a prenuptial agreement can provide some benefit:
- Property Percentage Allocation: Define the specific property percentages each spouse would receive in the event of divorce, especially when one party brings significant assets into the marriage.
- Asset Division: Address how assets are divided when one party enters the marriage with debts that are paid off using the other party's assets.
- Child-Centric Provisions: Ensure the agreement acknowledges that certain assets should be retained for the benefit of any children from the marriage.
For a secure and informed start to your marriage, consider discussing prenuptial agreements with our team of dedicated family lawyers. We usually offer a complimentary initial discussion.
Work with an award winning team
PKWA Law has been recognised in The Straits Times ranking of “Singapore’s Best Law Firms 2025” for the fifth consecutive year.
For the 8th consecutive year we were recognised by Doyles as a leading family law firm in Singapore.
For the 5th year in a row we have been named as a leading Family law firm in Benchmark Litigation 2024 awards.
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Why do clients choose us?
We have over 30 years of history, and more than 100 employees. We are an established family law firm you can count on.
Our fees are fixed and affordable from the outset so that you can have peace of mind from the get-go.
We have excellent reviews and testimonials from numerous clients across various independent platforms.
Our team are consistently recognized as leading lawyers by the Straits Times, and other leading publications.
We are trusted by leading corporations such as DBS, OCBC, UOB, Maybank, HSBC, Citibank, and CPF Board.
We usually offer a free first consultation so you can make an informed decision on whether to proceed.
Meet some of our prenuptial agreement team
- Recognised as a Rising Star in Family Law for 2025 by Doyles Guide.
- Included in Asian Legal Business’s 2022 list of Singapore’s Rising Stars, highlighting "the next generation of lawyers who have demonstrated exceptional potential and earned significant client acclaim."
- Honoured as one of Singapore Business Review’s “Most Influential Lawyers Aged 40 and Under” in 2016, celebrated for his thought leadership, influence, and accomplishments in the legal industry.
- Recommended Lawyer in the 2025 list of leading family and divorce lawyers in Singapore by Doyles Guide.
- Recognised as a Family Law Rising Star for 2022, 2023, and 2024 by Doyles Guide.
- Named one of Singapore’s Rising Stars by Asian Legal Business in 2022, an accolade awarded to lawyers who exhibit exceptional talent and consistently earn client praise.
Articles on Prenuptial Agreement in Singapore
- It can protect the parties from each other’s debts.
- Assets owned prior to marriage are protected.
- The agreement can be tailored to your specific circumstances. For instance, you may agree that businesses and family heirlooms should not form part of the pool of matrimonial assets.
- Parties are provided with certainty as to what happens to their financial arrangements should a divorce occur.
Contents of a prenuptial agreement
Often a prenuptial agreement will cover many issues relating to the parties’ married life. Some of the more common matters addressed include questions of maintenance, child care, asset ownership, and what should happen in the event of a divorce. Specific terms in such an agreement might be:- The law which should govern the prenuptial agreement
- How liabilities and debts that one or both spouses owe should be dealt with
- How much maintenance the wife should receive if a divorce occurs
- How the parties’ assets should be divided during the separation, death or divorce of one spouse
- Property ownership during the marriage.
Prenuptial agreements vs postnuptial agreements
If parties enter into a contract after they have married, this will be known as a postnuptial agreement. The contents of it may not be that different from a prenuptial agreement, but note that the Courts in Singapore usually put greater importance on postnuptial agreements than they do prenuptial ones. This is demonstrated by section 112(e) of the Women’s Charter, which states that the Court should have regard to such postnuptial agreements in relation to how matrimonial assets are owned and divided. Why is it the case the Courts emphasise the importance of postnuptial agreements rather than prenuptial agreements? The answer is that, usually, postnuptial agreements are drawn up in very different circumstances compared to prenuptial ones, being that parties would have taken into account an impending divorce.Is a prenuptial agreement valid and enforceable in Singapore?
In Singapore, the law is more complex than in other countries, where prenuptial agreements are more often recognised and legally binding. In Singapore the agreement is not always binding and enforceable. The terms and conditions contained within the document are always scrutinised by the Court before the agreement is accepted as being binding. In the first instance, the basic requirements of contractual law must be complied with in the agreement. The agreement may be set aside if it fails to disclose all assets, for example, or all evidence of duress, fraud, lack of representation or unfairness at the time the agreement was signed. Secondly, the Court will look at how just and reasonable the agreement is, when deciding on whether to enforce it or not. The case of TQ v TR [2009] 2 SLR(R) 961 established the law on prenuptial agreements in Singapore. This case saw the Court of Appeal discuss the legal enforceability of prenuptial agreements relating to ancillary matters, as follows:Dividing matrimonial assets
Section 112 of the Women’s Charter governs how matrimonial assets should be divided. The Court is the ultimate arbiter of how assets are divided, “in such proportions as the Court sees just and equitable”. The individual circumstances of the case will impact on the weight that a prenuptial is given by the Court. If the agreement abides by contractual principles, then the Court will ordinarily consider it when exercising their power. Sometimes, foreign individuals will be involved in a divorce. In these cases, a Court might be more willing to accept the legality of the prenuptial agreement if it is governed by and valid according to the foreign law (as long as that overseas law doesn’t conflict with public policy in Singapore).Maintenance
Though the Women’s Charter does not mention maintenance, there is caselaw on it. The case of TQ v TR [2009] held that all prenuptial agreements pertaining to the maintenance of the wife and/or children should be scrutinised by the Courts. The Court would be especially vigilant regarding prenuptial agreements relating to child maintenance, and would be reluctant to enforce agreements which they think are not in the best interest of the children. This demonstrates the importance the Courts place on the welfare of the children, which is always their overriding consideration.Child custody, care and control
As the Court’s main concern is the welfare of the children involved, they will start with the premise that an agreement will not be enforceable, unless the party relying on it can clearly demonstrate that it is in their child’s best interests." ["post_title"]=> string(30) "Guide to Prenuptial Agreements" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(30) "guide-to-prenuptial-agreements" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:54:11" ["post_modified_gmt"]=> string(19) "2023-10-09 16:54:11" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=977" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8723 (24) { ["ID"]=> int(723) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-03-12 10:13:16" ["post_date_gmt"]=> string(19) "2022-03-12 02:13:16" ["post_content"]=> string(13235) "Divorce is a legal process that terminates a marriage between two individuals. It is a formal declaration that the marriage is dissolved, and the parties are no longer legally bound to each other. This article aims to provide quick but comprehensive guidance on the legal aspects of divorce in Singapore to help readers understand their rights and options when going through a divorce, empowering them to make informed decisions based on their situations.Legal requirements to get a divorce
Married for at least 3 years
Firstly, as a plaintiff, you must prove you have been married for at least three years. However, there are exceptions to this rule if the petitioner can prove exceptional hardship or if there has been misconduct by the other spouse. Although there is no clear legal definition of these terms, the following are examples of what may constitute those:- Extreme physical or mental abuse
- Severe mental distress
- Extreme, cruel adultery
- Adultery, which causes pregnancy
- Homosexuality
Domicile or habitual residence
The second requirement is that either spouse must have been domiciled in Singapore when filing for divorce. Domicile refers to a person's permanent home or residence, and it is necessary to establish jurisdiction for the Singapore courts to hear the divorce case. If both spouses are not domiciled in Singapore, they may still be eligible for divorce if they have been habitually residing in Singapore for at least three years before filing for divorce.The marriage has broken down irretrievably.
This means that the relationship between the spouses has reached a point where it cannot be repaired or reconciled.Simplified or uncontested divorce
A simplified and uncontested divorce refers to a divorce process that is relatively straightforward and where both parties are in agreement on all key issues. This type of divorce is typically faster, less expensive, and less emotionally draining than a contested divorce. It is suitable for couples who have already reached a mutual agreement on ancillary matters. In a simplified and uncontested divorce, the couple can jointly file a divorce application with the Family Court. The court will then review the application and, if satisfied, grant the interim judgment after 4 weeks. Following this, a final judgment will be issued three months after the date of the interim judgment. While the process may seem less complicated, it is still advisable to seek legal advice to avoid any potential pitfalls or future disputes between the parties.What if my spouse refuses to divorce me?
If your spouse refuses to divorce you, it can complicate the process. However, you can still file for a contested divorce in this case. Contested divorces can usually be concluded within 6 to 12 months.A step-by-step breakdown of the divorce process
(1) Filing of divorce petition
The first stage of your divorce proceedings is filing a divorce petition. This involves one spouse (the petitioner) submitting a writ for divorce to the Family Justice Courts.(2) Service of divorce petition to the other spouse
Once the divorce petition is filed, the next stage is the service of the petition to the other spouse (the respondent). The respondent has a specific period to respond to the petition by agreeing to the divorce or filing a defence if they contest it. If the petitioner does not respond within the given timeframe, the petitioner can go ahead with an uncontested divorce.(3) Ancillary Matters
If the divorce is contested, the case moves to the next stage, the Ancillary Matters stage. Ancillary matters refer to the financial and non-financial issues in the divorce process. These matters include the division of marital assets, child custody, child maintenance, and spousal maintenance. At this stage, parties must provide financial disclosure, including assets, liabilities, and income. Mediation or negotiation may be encouraged to reach a settlement. Based on the evidence presented, the court will decide if an agreement cannot be reached.(4) Issuance of Certificate of Final Judgment
Once the ancillary matters are resolved, the divorce enters the final judgment stage. At this stage, the court reviews the case and decides whether to grant the divorce. If the court is satisfied that all legal requirements have been met and there are valid grounds for divorce, a Certificate of Final Judgment will be issued.What counts as an 'irretrievable' marital breakdown?
As mentioned above, an irretrievable marital breakdown is a situation where the marriage has completely broken down and cannot be salvaged. To prove 'irretrievable breakdown,' the petitioner must prove one of the following five circumstances has happened:(1) Unreasonable behaviour
One of the ways to establish irretrievable marital breakdown is through unreasonable behaviour. This refers to behaviour by one spouse that makes it intolerable for the other spouse to continue living together. This ground for divorce is set out in Section 95(3)(b) of the Women's Charter. Examples of unreasonable behaviour include the following (non-exhaustive) list:- Verbal abuse and continual criticism
- Domestic violence
- Compulsive gambling
- Refusing to contribute to household expenses
- Lack of respect
- Alcoholism
- Lack of affection, concern, and care
- Improper association with another party
- Obsessive behaviour
(2) Adultery
If one spouse can provide evidence of the other spouse's voluntary sexual intercourse with someone else, it can be considered a valid ground for divorce. However, it is essential to note that the evidence must be substantial and convincing. If the extra-marital sexual intercourse does not happen, the behaviour is not classed as adultery, regardless of how intimate it was. On top of this , the plaintiff must show it is intolerable for them to keep living with their spouse. The plaintiff will not be able to cite adultery if they have continued to live with their spouse for more than six months after discovering the adultery.(3) Desertion lasting two years
Desertion refers to a situation where one spouse has deserted the other continuously for two years or more without any intention of returning. To prove desertion, the deserted spouse must provide:- Evidence to establish that the other spouse has wilfully and deliberately deserted them without any reasonable cause or excuse.
- Continuous period of desertion for two years, meaning that any attempts at reconciliation or resumption of cohabitation during this period may reset the clock, and the two-year period will need to start again.
(4) Separation for three years (with the defendant consenting to divorce)
The court will grant a divorce if it can be shown that the parties have lived apart continuously for at least three years before commencing the divorce. To prove separation, it is sufficient that the parties live separate lives and don't interact as husband and wife. If both spouses have been living separately for at least three years and both parties agree to the divorce, it can be seen as evidence of the irretrievable breakdown of the marriage.(5) Separation for four years
The final way to establish irretrievable marital breakdown is through a period of separation of at least four years. If the spouses have been living apart for at least four years, regardless of whether both parties agree to the divorce, it can be seen as evidence that the marriage has broken down.If my spouse can't be found, can I still get divorced?
Yes, it is possible to get divorced in Singapore even if your spouse cannot be found. In such cases, you can file for a divorce under the ground of desertion. The court will require you to provide evidence that you have made reasonable efforts to locate your spouse, such as hiring a private investigator or placing advertisements in newspapers. If the court is satisfied with your efforts, they may grant you a divorce even in your spouse's absence. However, it is essential to note that the court will consider the specific circumstances of each case. If your spouse cannot be located and there are no reasonable prospects of finding them, the court may proceed with the divorce proceedings. When your spouse cannot be found, the court may also require you to explore alternative methods of serving the divorce papers. This could include serving the papers through substituted service, where the documents are delivered to a close relative or posted at the last known address of your spouse. The court will assess the adequacy of these alternative methods before proceeding with the divorce.When deciding on the division of assets or child custody, will adultery or unreasonable behaviour affect the court's decision?
When deciding on the division of assets or child custody in a divorce case in Singapore, the court considers various factors, including the conduct of the parties involved. Adultery or unreasonable behaviour can indeed have an impact on the court's decision. However, it is essential to note that Singapore follows a no-fault divorce system, which means that the court does not assign blame or fault to either party for the marriage breakdown. Instead, the court focuses on the practical and financial consequences of the divorce and aims to achieve a fair and equitable outcome for both parties and any children involved. The court will also take into account other relevant factors, such as:- financial contribution of each party
- the needs of the children
- the length of the marriage
- the standard of living enjoyed during the marriage
The timeline
The duration of a divorce in Singapore can vary depending on several factors. Contested divorces with disagreements on various issues, such as child custody, division of assets, or maintenance, can take significantly longer to resolve. The duration of a contested divorce can range from several months to a few years, depending on the complexity of the issues involved and the willingness of both parties to settle. In such cases, the court may need to conduct hearings, gather evidence, and make decisions based on the best interests of the parties involved, which can prolong the process. Uncontested divorces, where both parties agree on all terms and conditions, can take around 4 to 6 months to finalize. This includes the time required for filing the necessary documents, attending mediation sessions (if required), and obtaining the final judgment from the court.How much does a divorce cost?
One of the main costs associated with a divorce is legal fees. The fees charged by family lawyers in Singapore can vary depending on various factors. The complexity of the case, the issues involved, and the approach taken can all impact the overall cost. According to a survey, simplified and uncontested divorce fees in Singapore typically range from $1,500 to $3,500. Meanwhile, contested divorces usually cost between $10,000 to $35,000. Here at Singapore Family Lawyers, with our experience and reputation, we understand that divorces are emotional and stressful. That's why we don't charge clients hourly for simplified divorces. We take pride in being clear and transparent; hence, we offer a fixed-fee package. Our clients will never have to worry about hidden costs while engaging with us. However, we might charge an hourly rate for certain contested divorces. If so, we will offer a fee cap for eligible clients." ["post_title"]=> string(68) "Navigating the Divorce Process in Singapore: Things You Need to Know" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(17) "divorce-singapore" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-08-05 18:01:26" ["post_modified_gmt"]=> string(19) "2024-08-05 10:01:26" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=723" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8744 (24) { ["ID"]=> int(840) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-03-29 21:46:22" ["post_date_gmt"]=> string(19) "2022-03-29 13:46:22" ["post_content"]=> string(9001) "Annulment of a marriage is different to a divorce. When a marriage is annulled, the annulment in effect says that the marriage was never legally valid. The parties’ marital status reverts to ‘single’, as if they were never married at all. Divorce, however, whilst it also ends a marriage, is different. A divorce ends a marriage that had been legally valid before the order for divorce was granted. This is in contrast to an annulment which declares that the marriage never had legal validity. As a result, for the purposes of an annulment, there is nothing to be terminated. During divorce proceedings, parties must show that their marriage—which was legally valid—has broken down irretrievably, and apply for a divorce order. During annulment proceedings, parties have to demonstrate that the marriage was not valid or legal right from the outset. Make sure you know the two categories of marriage that form grounds for annulment. They are: void, and voidable marriages.Annulling a marriage in Singapore
Chapter 3 of the Women’s Charter governs the annulment of marriages. The grounds which make a marriage void or voidable are laid out in section 105 and 106. A void marriage is classed as not valid right from the beginning, even if they are not officially annulled. But your marital status will remain as ‘married’ until a court declares it null. In the eyes of the law, a void marriage never existed, however most couples will ask for an official ruling of nullity from the Family Justice Court. Until they are voided, voidable marriages do exist. They only dissolve upon a decree of nullity. They will endure until one party seeks this decree.Requirements for Annulment
There are strict requirements in order to annul a marriage in Singapore, because doing so can have serious consequences. The exact criteria will vary, depending on whether a marriage is void or voidable.When a marriage is void
Section 104 provides that a party to a void marriage can ask the court to issue a judgement of nullity, showing the marriage is null and void. An applicant has to show that the marriage didn’t meet the requirements for a valid marriage, if they want to prove the marriage is invalid. The grounds on which a marriage may be voided are laid out in section 105. For marriages after 1st June 1981, the marriage is void if one of the following applies, according to section 105(a):- The marriage is between Muslims registered/solemnised under the Women’s Charter, rather than Muslim law (section 3(4))
- It is a polygamous marriage as referenced in sec 4 (for marriages on or before 15 Sept 1961) – section 5
- One of the spouses was below 18 years of age at solemnisation, and the marriage wasn’t authorised by a special license of marriage given by a Minister under sec 21 of the Women’s Charter – section 9
- The parties fall within prohibited degrees of relationship, for example relatives, as stated in the 1st schedule of the Women’s Charter – section 10
- One of the parties was already married to someone else under any law, custom or religion, or usage – section 11
- The parties are of the same gender – section 12
- The solemnisation failed to comply with the requirements of Singapore law – section 22
- The law of the place it was celebrated, or
- Lack of capacity
When is a marriage voidable?
Voidable marriages are legally valid until a party applies for a judgement of nullity, unlike the situation in a void marriage. Under section 106, if a marriage took place after 1 June 1981 then it is voidable if:- The marriage hasn’t been consummated due to either party being unable to do so – section 106(a)
- The marriage hasn’t been consummated due to the defendant being unwilling to do so – section 106(b)
- Either of the parties did not consent to the marriage because of mistake, duress, mental disorder or otherwise – section 106(c)
- When the marriage happened, either party was capable of giving valid consent but was suffering from a mental disorder and was therefore unfit for marriage, according to the meaning of the Mental Health (Care and Treatment) Act 2008 – section 106(d)
- The defendant was suffering from a transmissible form of a venereal disease, at the time of marriage – section 106(e)
- The defendant was pregnant by someone other than the plaintiff at the time of marriage – section 106(f)
Annulment application process
Either spouse may file a writ asking for a judgment of nullity, according to section 104. The following documents must be included:- Statement of claim – this sets out the grounds you’re relying on for annulment;
- Statement of particulars – this should explain the facts you intent to rely on;
- An agreed or proposed parenting plan, if children are involved;
- A matrimonial property plan with your proposed arrangements for your HDB flat, if you have one. (If you have not fulfilled the minimum occupation period, you may have to surrender the HDB flat).
Annulment application time limit
There is no time limit to apply for a declaration of nullity if the marriage is void. However, if you are seeking an annulment of a voidable marriage, you should apply within three years. But no time limit will apply if you are alleging that the marriage has not been consummated because the defendant refused, or either party was incapable. You can then apply for an annulment regardless of the length of the marriage.Children born to a void or voidable marriage
In voidable marriages, children born within the marriage are considered legitimate. In void marriages, children born are also considered to be legitimate as long as the parties believed that the marriage was valid at the time it occurred.Can a court refuse to annul a marriage?
You’ll need sufficient evidence to show your marriage is void or voidable in order to annul your marriage. However, even if you allege this and prove it, a court may still refuse to grant the annulment you request, if:- The plaintiff knew they could annul the marriage but acted in a manner that caused the defendant to reasonably believe the plaintiff would not do so; or
- It would be unjust to the defendant for an annulment to be granted
- The plaintiff knew the defendant was suffering from a transmissible venereal disease; or
- The plaintiff knew the defendant was pregnant by another person
Denial of annulment of application
In this scenario, you may apply for a divorce, if you have been married for more than three years. If you have not been married for more than three years, you could choose to separate until three years of marriage has elapsed and then apply to divorce. If you can prove that you are suffering exceptional hardship, or the defendant is guilty of exceptional depravity, then you may apply for divorce prior to three years elapsing. Do not assume that annulment is a fast alternative to a divorce. It involves strict requirements, and can involve complex or confusing criteria. You should speak to a lawyer if you think your marriage is void or voidable, and fully understand the options available to you. The lawyer can help you interpret the law and follow due process so that you successfully obtain a judgment or declaration of nullity." ["post_title"]=> string(21) "Annulment of Marriage" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(18) "annulment-marriage" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:28:48" ["post_modified_gmt"]=> string(19) "2023-10-09 16:28:48" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=840" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }Contact Us
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