If your marriage has hit a rough patch, maybe there’s been infidelity, you might not be ready to divorce right away. Some couples, especially those with a very young child, look to a postnuptial agreement as a way to create structure, set expectations, and protect both spouses and their child while trying to keep the marriage together.
Here are the questions I hear most often from parents in Singapore.
What Exactly is a Postnuptial Agreement in Singapore?
Think of it as a roadmap for your marriage after you’re already married. It sets out what you both agree should happen if things don’t work out.
It’s different from a separation agreement because:
- You’re still married.
- You want to try to stay married.
- You want some clarity on what could happen if problems arise in the future.
In Singapore, it’s not automatically binding, but courts often consider it when making decisions later on, depending on how they are drafted and how circumstances unfold.
Read more: Understanding Post-Nuptial Agreements in Singapore
Is a Postnuptial Agreement Legally Binding in Singapore?
This is one of the questions I hear most often, and the answer isn’t a simple yes or no.
In Singapore, the court always retains the power to decide what is just and equitable at the time of divorce. This means:
- The court may take a postnuptial agreement into account.
- But it is not obliged to follow it strictly.
How much weight the agreement carries depends on factors like:
- Whether both parties entered into it voluntarily.
- Whether the terms stated in the agreement was legal.
- Whether it was fair when it was signed.
- Whether circumstances have changed since then.
Read more: Marital Agreement / Postnuptial – Are They Binding?
Can a Postnuptial Agreement Cover What Happens If Infidelity Happens Again?
Yes. Couples can agree on future courses of action such as:
- Trying counselling or reconciliation first.
- Allowing one spouse to file for divorce on an uncontested basis if infidelity happens again.
- Certain positions and agreements on the ancillary matters in the event of a divorce.
Even then, a court can review these agreements to determine if it is just and equitable or if it is in the best interests of a child when the divorce occurs.
Can We Use a Postnuptial Agreement to Protect a Child?
Not completely and it also depends on what you mean by “protecting” a child.
In Singapore, the postnuptial agreement cannot override a child’s best interests and welfare. Accordingly, while you can make agreements regarding child maintenance and care arrangements, it cannot allow a parent to contract out of parental responsibility, including not paying for any maintenance or to make care arrangements that exclude a parent from the child’s lives.
This means even if you agree on something now, the court could change it later if it’s better for your child.
Read more: Comprehensive Guide to Children’s Issues in Divorce Cases
Can We Fix Certain Maintenance Amount in the Postnuptial Agreement?
It’s tricky, especially for young kids. Children’s needs change as they grow:
- Toddlers need different things than school-aged children.
- Medical, education, and daily costs evolve over time.
Instead of fixed amounts, most agreements:
- Use proportion-based contributions.
- Include flexible frameworks to adjust as circumstances change.
This allows the agreement to remain relevant even years later.
Read more: How is Child Maintenance Calculated?
Can We Include Care Arrangements such as Custody, Care and Control and Access?
Yes, but carefully.
- Custody = who makes major decisions (school, religion, major medical matters).
- Care and control = who the child lives with.
- Access = when the other parent sees the child.
If you still live together or intend to resume living together, it may not make sense to fix rigid arrangements now. Agreements often outline what happens if you separate in the future.
Read more: Child Custody – Shared Care and Control Case Studies
Does Joint Custody Mean 50/50 Parenting Time?
Nope. Joint custody is about shared decision-making, not equal time with the child. Daily living arrangements are handled separately under care and control.
Read more: Understanding Child Custody: Sole Custody & Joint Custody
Why Are Postnuptial Agreements Less Fixed Than Separation Agreements?
Postnuptial agreements are designed to look ahead into an uncertain future. Life can change in so many ways—especially when there’s a very young child involved:
- Your child’s needs will grow and change quickly.
- Each parent’s financial situation may shift.
- Living arrangements could evolve.
- Legal or personal circumstances might change.
Because of this uncertainty, postnuptial agreements are usually seen as flexible frameworks rather than rigid rules. They provide guidance on how to handle future scenarios, rather than locking you into decisions that might no longer make sense as circumstances change.
Will the Court Still Consider the Agreement If Divorce Happens Later?
Yes. Courts often take the agreement into account, but:
- You can mutually adjust terms.
- Courts may change arrangements to reflect new circumstances.
In practice, many parties do attempt to follow the postnuptial agreement if divorce occurs later. Your child’s welfare, especially for very young children, will always come first.
Does the Postnuptial Agreement Expire?
Not automatically. It continues until:
- You both agree to end it.
- It’s replaced by another agreement.
- Divorce proceedings begin.
If reconciliation works out, you can also choose to terminate it.
When Does a Postnuptial Agreement Make Sense?
A postnuptial agreement may help if:
- One spouse wants reassurance or structure.
- You want to try keeping the marriage intact.
- You have a very young child and want to plan ahead.
- You want to reduce uncertainty if things get worse.
It’s not a substitute for divorce, but it can provide clarity—or help both parties move forward without feeling like the other “got away” with bad behaviour, during a difficult time. It can also outline how the couple plans to approach reconciliation, including steps like attending marital counselling or trying other ways to work on the marriage.
Arrange a confidential consultation with our family law lawyers to see if a postnuptial agreement is right for you.
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