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Prenuptial Agreements in Singapore – Secure Your Future with JCP Law

A prenuptial agreement, often called a prenup, is a legal contract that couples enter into before marriage, setting out how assets, debts, and other important matters will be dealt with if the marriage ends. Prenups are an effective way to provide clarity and peace of mind, especially when significant assets or prior family obligations are involved.

In Singapore, prenuptial agreements are becoming increasingly popular as couples recognise the importance of financial planning and protection. At JCP Law, we have extensive experience in drafting prenuptial agreements that comply with Singapore law while fully protecting our clients’ interests.

Are Prenuptial Agreements Enforceable in Singapore?

Prenuptial agreements in Singapore are subject to the discretion of the Family Justice Courts. The court will consider a prenuptial agreement as part of the evidence when determining how matrimonial assets are divided during divorce proceedings. To ensure consideration, a prenuptial agreement should be fair, entered into freely by both parties, and made without any form of coercion or undue influence.

The courts in Singapore typically uphold prenuptial agreements, provided they are seen as fair to both parties and protect the welfare of any children involved. However, certain provisions, particularly those involving child custody or support, will be reviewed by the court, which always prioritises the child’s best interests.

Why Consider a Prenuptial Agreement?

  1. Protect Individual Assets: If you own significant assets, such as property or a business, a prenup can help protect these assets and keep them separate from matrimonial property.
  2. Clarify Financial Responsibilities: Prenuptial agreements can help couples clearly define their financial responsibilities during the marriage, reducing the risk of disputes over money.
  3. Avoid Lengthy Disputes in Divorce: In the unfortunate event of a divorce, a prenup provides a framework for dividing assets, helping to avoid lengthy and costly disputes.
  4. Protect Children from Previous Relationships: If either party has children from a previous relationship, a prenup can ensure that certain assets are preserved for them.

Our Approach to Drafting Prenuptial Agreements

At JCP Law, we take a personalised approach when drafting prenuptial agreements. Our experienced family lawyers work closely with clients to understand their unique needs and ensure that the agreement reflects their wishes clearly and comprehensively. Our goal is to ensure fairness, transparency, and compliance with Singapore law.

Our Prenuptial Agreement Services Include:

  • Initial Consultation: We start by understanding your financial situation, concerns, and goals for the future.
  • Customised Drafting: We draft a prenuptial agreement tailored to your specific needs, ensuring that all important aspects are covered.
  • Legal Advice and Representation: Our lawyers provide clear legal advice, explaining the implications of the agreement so you are fully informed before signing.
  • Negotiation Assistance: If needed, we assist in negotiations between you and your partner to reach a mutually agreeable outcome.

Secure Your Future Today

If you are considering a prenuptial agreement, getting the right legal advice is crucial. JCP Law is here to guide you every step of the way, ensuring your future is protected. Contact us today to schedule a consultation and learn more about our prenuptial agreement services.

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Frequently asked questions

Are prenuptial agreements valid here?

In general, prenuptial agreements are not enforceable by law in Singapore, but they can still be highly beneficial in setting out agreements upfront, in case a divorce occurs later down the road.

One of the biggest benefits is really in aiding a swift resolution to divorce proceedings by having the key ancillary matters already agreed beforehand.

This would increase the likelihood of a simple, uncontested divorce, reducing cost and pain.

What are the benefits of a prenup?

There are a number of benefits to a prenuptial agreement, including elements such as:

  1. It may be helpful in guiding court proceedings, even if it is not a legally enforceable document;
  2. It can help steer discussions towards a swift resolution of divorce proceedings given the main matters were previously agreed;
  3. It can help to form some kind of inheritance protection.

This list is by no means exhaustive, but please get in touch if you’d like to discuss your situation further.

What terms are usually included in a prenup?

A prenuptial agreement typically covers areas such as:

  • Ownership of property;
  • Division of property should the couple be separated or divorced, or should one party to the marriage pass away;
  • Debts and liabilities owed by the parties to the marriage;
  • The provision of maintenance; and
  • The law governing the agreement.

As with any agreement of course, the exact terms should be tailored to your specific needs, and this is something we can advise and draft with you.

Do I need a lawyer for a prenup?

No, you could technically choose to create a prenuptial agreement between yourselves, however it is advisable to seek professional help from a lawyer in order to avoid mistakes or confusion.

The Singapore courts will not uphold a prenuptial arrangement if it contravenes the requirements of the Women’s Charter. It is sensible to engage a professional to offer their years of experience in such matters, and guide you through the technical requirements.

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