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Annulment: Postnuptial Agreements

What is a postnuptial agreement?

Also commonly known as post-marital agreements, postnuptial agreements may be entered into by married couples in order to agree on what will happen when the parties divorce, separate or if one party dies.

When can I enter into a postnuptial agreement?

They can be entered into at any time during a marriage but before the parties seek divorce. They are recognised by the Courts in Singapore as long as the terms of the Agreement are not contrary to the provisions of the Women’s Charter. Both parties should work together with their lawyers to draw up the Agreement and certify that it complies with the specific requirements of Singapore Law to ensure that it is valid and binding.

What type of issues can a postnuptial agreement deal with?

They include:
  • Payment of the couple’s debts;
  • Division of the couple’s property;
  • Arrangements for the Children;
  • Maintenance to be paid for the Wife and Children in the event of a divorce;
  • Insurance coverage such as life, medical and disability; and
  • Distribution of a spouse’s own property and assets if that spouse dies during the marriage.
Why enter into a postnuptial agreement?

A postnuptial agreement is usually entered into where there has been a weighty change in circumstances since the parties married. Couples who did not enter into a prenuptial agreement may simply decide that they would like to have a financial plan in place in the event of a divorce or death.

For more information, please visit http://www.gjclaw.com.sg/areas-of-practice/family-law/marital-post-nuptial/.

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