A valuable insurance option should the worst occur

Prenuptial Agreement is entered into before marriage and can be a practical solution to dealing with potentially problematic issues should the marriage ever come to an end. It usually covers areas such as finances, assets, and matters relating to children. Whilst it may seem preemptive to enter into such things before even getting married, it can serve to enable both parties to clearly outline their wishes, should a divorce occur.

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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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