Pre-Nuptial Agreement (before marriage)
A prenuptial agreement, is a written contract entered into by two people before they are married which may include:-
- clauses that their assets are to be kept entirely separate;
- how to split household expenses;
- that the other party shall not be entitled to their assets and/or maintenance in the event the couple divorce.
Post-Nuptial Agreement (after marriage)
Postnuptial agreements may be entered into by married couples after they marry (and are happily married) so as to agree on what will happen when either the parties divorce or separate and may include:
- Division of the couple’s property in the event of a divorce;
- Maintenance to be paid for the Wife and Children in the event of a divorce;
- Payment of the couple’s debts;
- Arrangements for the couple’s children;
Deed of separation (when couple planning to divorce)
A deed of separation records the exact date where both parties first separated (you can file a divorce based on 3 years’ separation with consent from the date of the deed of separation) and can help you avoid disputes over household bills, arrangements to care for the children and can help avoid the need for court proceedings at a later stage. The deed of separation can be shown to the court for its opinion on whether there was an agreement and whether the agreement has been broken. If a couple have successfully agreed to a division of their family assets and the agreement has worked well for a period of two or so years, this could form the basis of a Consent Order to a district judge, as part of the process of filing for divorce.
Enforceability of pre-nuptial and post nuptial agreements
The law in Singapore treats all marital agreements alike, regardless of whether they are prenuptial or postnuptial. Section 112(2) of the Women's Chartered specifically states that the Court shall have power to order the division between the parties of any matrimonial asset in such proportions as the court thinks just and equitable and the court shall have regard to all the circumstances of the case, including, any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce.
COST: S$500 (nett fixed price for ALL TYPES of marital agreements)
Fixed price irrespective of complexity, number of properties you have, the value of your assets and number of clauses you want and there are NO CONSULTATION OR HIDDEN CHARGES.
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