A prenuptial agreement is a practical solution for aligning on certain key aspects should your marriage unfortunately come to an end sometime in the future. Whilst some people may feel that the concept of a prenuptial agreement is paramount to planning for failure upfront, this ignores the many practical reasons of creating such a document.

Some practical examples of issues that may be agreed upon through a prenuptial agreement:

  • If one or both parties own properties prior to entering into a marriage, they may want to mutually agree on the division of these properties in the event of a divorce. For example, both parties may agree upfront that they would retain their own properties in any division of matrimonial assets.
  • If the couple have children prior to entering the marriage, they could use a prenuptial agreement to acknowledge that some of their assets should be retained for their children vs. being transferred to the other party in the division of matrimonial assets.

Whilst a prenuptial agreement is not a legally binding document in Singapore it can used in the court’s decision making process and does hold weight if it is fairly and properly drafted. If the prenuptial agreement fails to meet basic expectations, it could be entirely discounted. These could include the failure to disclose all assets, evidence of fraud, or duress/unfairness, or lack of representation at the time of signing.

It is always advisable to consult a lawyer to draft your prenuptial agreement. Please get in touch for a free initial consultation.

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