Prenuptial Agreement

A Prenuptial Agreement, also known as a premarital or prenup agreement, is a legal contract signed by a couple before they get married. In Singapore, it is designed to establish the rights and responsibilities of each party in the event of divorce, separation, or the death of one spouse. The Prenuptial Agreement allows couples to address various financial and property matters, such as asset distribution, alimony, and debt allocation, providing clarity and protection for both parties in case of future uncertainties. It is a valuable tool to safeguard individual assets and avoid potential disputes during a marital breakdown.

Yes, a Prenuptial Agreement is legally binding in Singapore if it meets certain criteria. According to the Women’s Charter, the agreement must be in writing and signed by both parties in the presence of two witnesses. It is essential that both parties enter into the agreement voluntarily and with full understanding of its implications. The Prenuptial Agreement must not be unconscionable, and it should not be against public policy.

A Prenuptial Agreement typically includes provisions related to the division of assets, liabilities, and financial matters in the event of divorce or separation. Here are the inclusions that this Prenuptial Agreement covers:

Details on how assets acquired before and during the marriage will be divided in case of divorce or separation.

Specifies the ownership of properties and how they will be treated during the marriage and after separation.

Outlines how debts and liabilities incurred before and during the marriage will be handled.

Addresses whether alimony or financial support will be provided to either spouse after divorce.

Addresses the handling of business interests or ownership in the event of divorce.

If applicable, outlines arrangements for child custody, visitation rights, and child support.

With Themis Partner’s Marital Agreement, you can ensure your legal document accurately reflects the couple’s intentions and complies with the legal requirements in Singapore.

A Prenuptial Agreement can be modified or revoked after marriage in Singapore, but certain conditions must be met. Both parties must agree to any changes, and the modification or revocation should be done in writing, signed by both spouses, and witnessed. It is essential to consult with a family lawyer to ensure that the changes comply with the legal requirements and to understand the potential implications of modifying or revoking the agreement.

While it is not a legal requirement to have a lawyer draft a Prenuptial Agreement in Singapore, it is highly recommended to seek legal counsel or use our template drafted by legal experts. Prenuptial Agreements involve complex legal considerations, and having a lawyer’s expertise ensures that the agreement is drafted correctly and complies with Singaporean laws.

A qualified family lawyer can help you understand your rights and obligations, provide advice on the best terms to include in the agreement, and ensure that both parties’ interests are protected. They can also ensure that the agreement is fair and enforceable in the event of a divorce or separation.

Using Themis Partner’s Prenuptial Agreement can prevent future disputes and provide peace of mind for both parties, knowing that their interests are adequately represented and protected.

A Prenuptial Agreement in Singapore can cover both financial and non-financial matters. While Prenuptial Agreements are often associated with the division of financial assets and spousal support in the event of a divorce, they can also address various non-financial issues. Some common non-financial matters that can be included in a Prenuptial Agreement are:

1. Property and asset division: The agreement can outline how properties and assets acquired before and during the marriage will be divided in case of divorce.

2. Custody and visitation rights: If the couple has children, the agreement can address matters related to child custody, visitation rights, and child support.

3. Inheritance rights: The Prenuptial Agreement can specify how inheritance rights will be affected in the event of a divorce or the death of one spouse.

4. Personal belongings: The agreement can address the division of personal belongings and sentimental items.

5. Debt responsibilities: The Prenuptial Agreement can determine how debts acquired during the marriage will be allocated between the spouses.

6. Living arrangements: It can include provisions about living arrangements and responsibilities during the marriage and after a potential divorce.

It is essential to discuss with a qualified family lawyer to ensure that all relevant financial and non-financial matters are properly addressed in the Prenuptial Agreement to provide comprehensive protection for both parties.

there are certain restrictions on what can be included in a Prenuptial Agreement in Singapore. While Prenuptial Agreements offer flexibility in addressing various financial and non-financial matters, there are some limitations imposed by the law. The following are some common restrictions: