What Is a Post-Nuptial Agreement
In Singapore, a post-nuptial agreement is a written legal contract between spouses that regulates what happens during marriage, in case the spouses decide to divorce or separate, or if one of them passes away. Unlike a pre-nuptial agreement, a post-nuptial agreement is concluded after the spouses become officially married.
The spouses can enter into a post-nuptial agreement at any time during their marriage. The Singaporean courts recognise post-nuptial agreements as valid contracts if their terms meet the contract law requirements and do not conflict with the Women’s Charter and public policy.
Why Couples Consider Post-Nuptial Agreements in Singapore
When married spouses enter into post-nuptial agreements, most often they have certain circumstances or issues arising out of the marriage which they want to regulate. Among others, such aspects may include:
Financial Arrangements During Marriage
One of the reasons to enter into a post-nuptial agreement includes regulating financial obligations during marriage, for example, paying bills and expenses, or regulating debts.
Asset Ownership Rights
Division of Assets in Divorce
When spouses contemplate a potential or pending divorce, by signing a post-nuptial agreement, they can agree between themselves on the division of assets according to their personal preferences. By having a post-nuptial agreement in place, the divorcing spouses can further avoid potential disputes and speed up the divorce process.
Maintenance Payments
Similarly, the spouses can agree among themselves on the form and amount of spousal maintenance and financial support that one of them will receive from the other in the event of divorce or separation.
Enforceability of Post-Nuptial Agreements in Singapore Courts
The Women’s Charter provides that the courts should consider the arrangements made between the spouses in post-nuptial agreements regarding division and ownership of matrimonial assets. Also, in most cases, the courts give more weight to post-nuptial agreements compared to pre-nuptial contracts.
At the same time, post-nuptial agreements are not automatically enforceable since they must meet all legal requirements for contracts in Singapore. The court has the discretion to disregard any clauses of the postnuptial agreement which are unjust, unfair, unreasonable, or contradict Singaporean law.
Our Approach to Drafting Post-Nuptial Agreements
When clients turn to IRB Law for drafting a post-nuptial agreement, our lawyers ensure that the agreement achieves our clients’ goals and is fully enforceable.
Our post-nuptial agreement lawyers in Singapore always aim to:
Clearly Reflect Our Clients’ Intentions
When drafting post-nuptial agreements, we tailor the terms to our clients’ unique situations and goals, ensuring these are clearly reflected in the agreement with their spouse.
Protect Our Clients’ Rights and Best Interests
Ensure that the Agreements Are Fully Enforceable in Singapore
Why Choose IRB Law for Drafting Post-Nuptial Agreements
IRB Law is a leading law firm in Singapore with an extensive family law practice. Our lawyers are well-versed in all aspects of family law, civil law, and divorce matters and can draft effective post-nuptial agreements that serve the individual goals of our clients.
Experienced Family Lawyers
Our post-nuptial agreement lawyers in Singapore are well-versed in all aspects of family law, civil law, and divorce matters, and can effectively protect our clients’ rights and legal interests during and after marriage.
Full-Service Law Firm
IRB Law is a full-service law firm offering end-to-end support on all aspects of family law, including drafting pre-nuptial and post-nuptial agreements, divorce, and separation matters.
Excellent Communications
Our legal team is well-known for our excellent communication standards with clients, which helps us develop nuanced legal solutions and tailored post-nuptial agreements.
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I would like to express my heartfelt gratitude to Mr Baiross, Mr Basheer and Team IRB who handled my case with a positive outcome that was beyond my expectations. Mr Baiross and Mr Basheer provided me with detailed sound legal analysis, offered the available options, recommended the actions I needed to take to strengthen my case and strategized the approach taken. They were always patient in explaining the legal jargons to me so that I can make informed decisions. IRB's charges were also highly competitive and they often graciously go the extra mile. IRB indeed lives up to be a Singapore's Best Law Firm, and I highly recommend them to anyone in need of legal advice.
We hired IRB to draft an agreement and handle a commercial dispute. IRB proved to be efficient, fast and responsive, including replies over the weekend and public holidays. Comparatively, our legal opponent's lawyers were slow and often cut off work at 5 pm, despite the fact that the settlement negotiation proposed by their client had a short deadline - they also claimed to be Straits Times Singapore's Best Law Firms. We had used other lawyers and notaries in the past, including hiring a well-advertised law firm to handle a fraud case, but it turned out to be disappointing because they gave poor advice and were expensive. Overall, IRB proved to be outstanding in giving speedy, concise advice and was cost-effective. Thanking Baiross, Crystal and team!
Our company recently had the pleasure of working with Mr Baiross, Ms Crystal, Mr Quek and Mr Desmond from IRB for our civil case, and we cannot recommend IRB team highly enough. From the moment we walked into their office, we felt welcomed and understood. The team took the time to listen to our concerns and explain the legal process in a way that was easy to comprehend. Their expertise in civil law is evident; IRB guided us through every step with professionalism and care. IRB team was always quick to respond to our emails and calls, making us feel like a priority throughout the entire process. Their attention to detail is remarkable, and we appreciated how they prepared for each meeting with comprehensive notes and strategies. One of the aspects we were most impressed with was their negotiation skills. They were able to secure a favorable settlement that exceeded our expectations. It was clear that they had our best interests at heart, which made a stressful situation much more manageable. The fees were transparent, and there were no hidden costs, which we greatly appreciated. IRB provided a clear breakdown of their charges from the outset, and we felt that their rates were reasonable for the level of service provided. Overall, we are extremely satisfied with the outcome of our case and grateful to have had Mr. Baiross by our side. If you're looking for a knowledgeable, compassionate, and dedicated team of lawyers, look no further than IRB Law.
Expressing my sincerest gratitude for the excellent legal support and professionalism provided by Sharifah Nabilah throughout our case. Nabilah joined our team later but at a crucial point. She was so committed to our case and got herself up to speed in no time. I enjoyed having her on my team and working with her, making my entire case ordeal that much more bearable. Her legal arguments and writing are cogent - she is definitely born to be a lawyer, as I always tell her. Such a blessing to have met her and to have had her fight our case for us. Also a special mention to Mr Baiross, without whom none of this would be possible. He is such a compassionate lawyer, and always reminded us that all of this is a test from God, and to be patient. It kept us grounded and gave us strength to go through this ordeal. Well, thanks to the awesome team at IRB, we won our case and got a rather favourable outcome. Very thankful and would recommend to anyone in need of expert legal counsel.
I had an excellent experience with IRB Law LLP, particularly with Mr. Baiross, Ms. Sharifah, and their team. From the very beginning, the communication and process were incredibly swift—setting up a meeting with the lawyers was seamless. They were highly responsive, addressing all my queries promptly and providing clear, practical advice on how to navigate my situation. Their guidance gave me confidence and clarity during a challenging time. I am truly thankful and grateful for their professionalism, expertise, and unwavering support. I highly recommend their services to anyone in need of legal assistance.
The lawyers Mr Baiross and Ms Simran have help me with a criminal charge case. My maximum sentence was 4 years and it drop to 3 months and it drop even further to just 10 days. My case was ongoing for 10 months plus and I'm glad that it is finally over now 😊👍
Our Lawyers
Meet Some of the Post-Nuptial Agreement Lawyers
Mohamed Baiross
Mohamed Baiross is the managing partner of IRB Law and one of the nation's leading lawyers in multiple practice areas, including civil, corporate, and commercial law. With over three decades of experience as a business lawyer, Mohamed Baiross has built a renowned corporate law firm in Singapore, providing expert legal services to global corporations and local businesses.
Kulvinder Kaur
Kulvinder Kaur is a prominent commercial and corporate lawyer and an expert in litigation matters. Kaur is well-known in all courts of Singapore for strong legal representation in the most complex cases across multiple practice areas.
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General Questions
Frequently Asked Questions
What are the benefits of having a post-nuptial agreement?
Do I need a post-nuptial agreement?
At the same time, if you want to have a tailored plan as to possession and ownership of family wealth or the distribution of assets during your marriage or in case of divorce, you can regulate these and other financial matters with your spouse in a post-nuptial agreement.
Are post-nuptial agreements valid?
Can a post-nuptial agreement regulate the custody of children?
Do we both need a lawyer for a post-nuptial agreement in Singapore?
Meanwhile, it is always recommended to have independent legal advice for each spouse. Additionally, it’s good practice to have a written clause acknowledging that each spouse has received independent legal advice and fully understands the implications of the agreement to avoid a possibility of the agreement being invalid.