Impact of Pre-nuptial Agreements on Divorce Proceedings

Whilst getting an International divorce or perhaps before entering an international marriage, one may be interested to find out how significantly prenuptial agreements can weigh in on an International divorce case.

In Singapore, the law does not officially recognise prenuptial agreements but does accord significance to pre-nuptial agreements governed by foreign laws and entered into by foreign nationals.

Generally, financial aspects of the pre-nuptial agreement might be afforded decisive weight but such agreements on division of matrimonial assets are not mechanically enforceable. The agreement will still be subjected to judicial scrutiny and the Women’s Charter (section 112) requires for the court to order the division of matrimonial assets “in such proportions as the court thinks just and equitable”.

On the other hand, it can be expected that in matters of child custody or care and control, the pre-nuptial agreements will be highly unlikely to be enforceable unless the court deems that the agreement is in the best interest of the child/children.

Furthermore, it must be noted that the according of significant weight to such agreements is only on the condition that there has not been fraud or other indications of unconscionability. In such scenarios, the court may disregard the agreement completely.

On the whole, the more closely the prenuptial agreement is in consonance with the legislative policy of Singapore, the more likely it is that it will be enforceable. As such, a well-drafted pre-nuptial agreement by an experienced international divorce lawyer (who is able to reach an appropriate intermediate between abiding by relevant legal principals and addressing your concerns) can definitely reduce the hassle of international divorce proceedings in the event of divorce.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s