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Postnuptial Agreement in Singapore

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A postnuptial agreement in Singapore is an agreement (i.e. a contract) between a married couple. The postnuptial agreement will provide details on their intentions (on divorce, division of assets, maintenance and children custody) should the marriage break down subsequently.

For couples who enter into similar agreements before marriage, their agreement is known as prenuptial agreement.


Differences between Postnuptial Agreements in Singapore and Prenuptial Agreements in Singapore

The key difference is the date of entering the agreement. Prenuptial agreements refer to “pre-marriage agreements” while postnuptial agreements refer to agreements entered into after parties solemnized and registered their marriage.

Postnuptial agreements in Singapore may be given more weight by the Court given the following factors:

1. Given that they are executed after parties got married, they reflect the more recent intentions of parties.

2. Parties have had a taste of marriage and they would be better equipped to understand the implications of such an agreement.

Even if you had a prenuptial agreement in Singapore drawn up, you may also consider executing a postnuptial agreement with your spouse. For instance, certain issues (such as children’s issues) may not have been covered in the prenuptial agreement and you may want to have a new agreement drawn up to cover all grounds.


Differences between Postnuptial Agreements in Singapore and Deed of Separation in Singapore

As the name suggests, couples enter into a deed of separation in Singapore if they have the intention to lead separate lives.

Postnuptial agreements in Singapore, on the other hand, can be executed even if the marriage is going well. Under the Women’s Charter, the Court can choose to consider any agreement made in contemplation of divorce in deciding on the division of matrimonial assets.


Differences between Postnuptial Agreements in Singapore and Wills

If you are considering after leaving your assets to your loved ones after death, it will be more appropriate to have a Will prepared. With a Will, your executor (administrator of your estate) can apply to Court for a grant of probate (an order allowing him/ her to distribute your assets to your loved ones).

A postnuptial agreement in Singapore is an agreement between the husband and the wife. Other parties (such as parents, siblings, and other close family members and friends) are not part of the equation when it comes to the postnuptial agreement.


How Postnuptial Agreements in Singapore Affect Division of Matrimonial Assets

Under Section 112(2)(e) of the Women’s Charter, the Court has to take into account any agreement made between parties in contemplation of divorce. It should be noted that postnuptial agreements in Singapore (and prenuptial agreements in Singapore) is only one of the factors which the Court will use to evaluate what constitutes a “just and equitable” division of matrimonial assets. However, even with this in mind, having a postnuptial agreement that reflects your intention is definitely better than having no postnuptial agreement at all.


How Postnuptial Agreements in Singapore Affect Children’s Issues

The Family Justice Courts in Singapore view the welfare of children as being of paramount importance. As such, the Court is likely to disregard any parenting arrangements which run contrary to the welfare principle.


How Postnuptial Agreements in Singapore Affect Maintenance Issues

Having a no-maintenance clause may not be helpful because under Section 113 of the Women’s Charter, the Court is empowered to order spousal maintenance. If appropriate, it is possible for the Court to make a maintenance order even in the presence of a no-maintenance clause in the postnuptial/ prenuptial agreement.


Sample Postnuptial Agreement in Singapore

While we are unable to provide a sample postnuptial agreement in Singapore, the following are some usual clauses that will be provided for in postnuptial agreements:

1. Division of matrimonial assets in the event of divorce/ separation.

2. Spousal maintenance.

3. Children’s maintenance

4. Custody, care and control and access arrangements for children.


Benefits of Postnuptial Agreement in Singapore

Some benefits of having a postnuptial agreement in Singapore are as follows:

1. You will have more certainty when it comes to divorce/ separation.

2. There will be fewer possibilities of a dispute at that stage.

3. You will be able to protect your assets better (as compared to not having a postnuptial agreement).


Do You Need a Lawyer to Prepare Your Postnuptial Agreement in Singapore?

No. However, it will be better to have a lawyer as you will not be in the best position to understand the legal requirements of postnuptial agreements in Singapore. To save costs, a single lawyer can prepare the postnuptial agreement if both parties have a consensus on the terms of the agreement. Otherwise, it will be helpful if both parties have lawyers to facilitate the discussion.


For more information on postnuptial agreements in Singapore, contact us at +6598330314 (whatsapp).

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