Post-Nuptial Agreement Lawyers in Singapore

A well-written post-nuptial agreement can help spouses manage the financial aspects of their marriage and carries significant weight in court. IRB Law’s family lawyers can assist in drafting tailored post-nuptial agreements that serve your best interests, protect your legal rights, and are recognised by the courts in Singapore.

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

In case one of the spouses has significant family wealth or expects an inheritance, the spouses may want to clarify legal issues related to possession and control over such assets in the post-nuptial agreement.

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

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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

We provide professional legal advice explaining our clients’ rights according to family law in Singapore, help them understand their options, and draft post-nuptial agreements that reflect their best interests.

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Ensure that the Agreements Are Fully Enforceable in Singapore

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Our family lawyers always ensure that all terms of our post-nuptial agreements meet the requirements of contract, civil, and family law in Singapore and are fully enforceable in court.

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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Meet Some of Our Team

Mohamed Baiross

Founding & Managing Partner, IRB Law LLP

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

Partner

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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What are the benefits of having a post-nuptial agreement?
When the spouses enter into a post-nuptial agreement to regulate what happens in their marriage or in case they divorce, they can bring more clarity into the relationship and financial situation. By having a post-nuptial agreement, the spouses can determine their rights related to family wealth, inheritance, or division of assets during divorce.
Do I need a post-nuptial agreement?
There is no legal requirement for spouses to have a pre-nuptial or post-nuptial agreement. Also, the Women’s Charter and civil law in Singapore provide a clear legal framework regulating the division of assets during divorce, spousal maintenance and other matters related to marriage, divorce, or separation.

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?
The Women’s Charter requires the Court to give consideration to post-nuptial agreements regarding division and ownership of family assets. At the same time, the court can disregard pre-nuptial or post-nuptial agreements that do not meet the requirements for valid contracts in Singapore or that contradict the law. For this reason, it’s always recommended to involve experienced family lawyers to ensure a valid and enforceable post-nuptial agreement in Singapore.
Can a post-nuptial agreement regulate the custody of children?
In deciding the matter of child custody, the Women’s Charter requires the courts to give paramount consideration to the welfare of the child. Accordingly, a post-nuptial agreement regulating child custody can only be valid if the spouses can clearly demonstrate that it pursues the best interests of their child.
Do we both need a lawyer for a post-nuptial agreement in Singapore?
There is no legal requirement that each of the spouses should be represented by their own lawyer when signing a post-nuptial agreement.

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.

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