A pre-nuptial or post-nuptial agreement can help couples set out their intentions regarding assets, finances and other important matters during their marriage or in the event of a future divorce.
A pre-nuptial agreements is made before marriage, while a post-nuptial agreement is entered into after the couple is married.
In Singapore, these agreements are not automatically binding on the Court. However, they may be taken into consideration when the Court determines matrimonial matters, depending on the circumstances in which the agreement was made and its terms.
Understanding how pre-nuptial and post-nuptial agreements differ, and how they may be treated in a divorce, can help couples make more informed decisions before entering into an agreement.
| Pre-nuptial Agreements | Post-Nuptial Agreements. | |
| When? | Entered into before the marriage. | Entered into anytime during the marriage but before parties seek a divorce |
| General Rule | Both agreements would be enforceable once it is incorporated into a Court or Consent Order. | |
| Relevance | Both agreements would be assessed by the Court in deciding the ancillary matters namely maintenance, division of matrimonial assets and arrangements surrounding the children. | |
| Advantages | Parties can agree on the division and ownership of each asset and arrangements surrounding the children. | Parties can agree on various issues from maintenance matters, arrangements for the children who arrive after the marriage to the division of matrimonial assets. |
| Comparison against each other | Post nuptial agreements are more current in reflecting parties’ intentions as compared to pre-nuptial agreements. To work around this, parties can easily incorporate a clause in either of the agreements to allow for revision or re-negotiating of the terms periodically or upon a material or drastic change in circumstances. This would ensure that either of the agreements will remain up to date to reflect the current circumstances. | |
| Binding effect | The Court would assess the weight to be given to the agreements in coming to a just and equitable decision. Where the arrangements are in the best interest of the children, the agreements would be highly persuasive. | |
Pre-Nuptial Agreements made overseas are recognisable in Singapore based on TQ v TR (2009) SGCA 6, a Singapore Court of Appeal decision.
Considering a Pre-Nuptial or Post-Nuptial Agreement?
A marital agreement can have important implications for your assets, finances and position should the marriage later end. The terms should therefore be considered carefully and drafted with your particular circumstances in mind.
Our family lawyers can advise you on pre-nuptial and post-nuptial agreements, including what should be addressed, how the terms may be considered by the Singapore Courts and whether an existing agreement should be reviewed following a significant change in circumstances.
Book a Strategic Divorce Consultation to discuss your circumstances and obtain advice before preparing, signing or reviewing an agreement.
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