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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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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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.
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.