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Postnuptial / Marital Agreements in Singapore Explained

Now days, everyone is aware of a climbing divorce rate. If you and your spouse are contemplating divorce, it is at this stage that you may wish to plan for the future head by drawing up a postnuptial (marital) agreement, which is similar to a prenuptial agreement, but it's made after the wedding.

Generally, a postnup must meet the following criteria:
  • They must be written and notarized. Oral agreements are unenforceable
  • Parties must enter into the agreement voluntarily
  • The agreement can’t be one-sided or unfair
  • Parties must provide full disclosure of all assets and holdings

Postnuptial agreements are an increasingly popular option for terminating a marriage in an amicable way, but at the same time, this doesn’t mean that a postnuptial agreement is right for every divorcing couple.

What is Addressed in a Postnuptial Agreement?

Postnuptial agreements can address the same kinds of issues that would normally be in prenuptial agreements, including:
  • who keeps certain property (property division)
  • spousal maintenance agreements, ie; how much and for how long
  • responsibilities for debts, ie; loans, credit cards, and
  • division of property and assets in case one spouse dies during the marriage

Issues that concern child support and/or custody are not permissible in a prenup agreement. Any terms that restrict or set child custody and support will render the entire contract unenforceable. You should speak with an experienced family lawyer in Singapore to find out what the rules are for your particular case.

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