MARITAL / POST-NUPTIAL AGREEMENTS
Post-nuptial agreements, also known as post-marital agreements, may be entered into by married couples in order to agree on what will happen if the parties divorce or separate, or if one party to the marriage passes away.
At Gloria James-Civetta & Co, clients can depend on one of Singapore`s largest matrimonial law teams to deliver the results they need. As a consequence of our robust family law legal team, we are able to dedicate considerable resources to assist our clients in understanding their options, allowing them to choose a solution that best protects their interests and those of their loved ones.
The team at Gloria James-Civetta & Co have vast experience in assisting local and expatriate clients with both simple agreements, and complex agreements dealing with multiple issues ranging from future children and high value assets. Regardless of your circumstances, we are confident we have the capability to assist you. Contact us today to find out how we can help.
What is included in a Marital / Post-Nuptial Agreement?
When deciding to enter into a marital / post-nuptial agreement, parties are free to determine what the agreement will cover. Common issues that form part of a post-nuptial agreement include:
- Division of the couple’s property in the event of a divorce;
- Maintenance to be paid to the Wife and Children in the event of a divorce;
- Payment of the couple’s debts;
- Arrangements for the couple’s children;
- Distribution of a spouse’s own property and assets if that spouse dies during the marriage;
- Inheritance or gifts (whether received or anticipated); and
- Insurance coverage including life, medical and disability insurance.
What are the Benefits of entering into a Post-Nuptial Agreement?
A couple may wish to enter into a post-nuptial agreement for any number of reasons. Most commonly, a post-nuptial agreement is entered into where there has been a significant change in circumstances since the parties were married, or where couples who did not enter into a prenuptial agreement decide that they would like a financial plan in place in the event of a divorce or death. Other common reasons for entering into a post-nuptial agreement include:
- Wealth/tax planning;
- Issues in the marital relationship causing one party to seek reassurance as to their future security; or
- A change in financial circumstances such as an inheritance, or a major career change during the marriage.
Is a Post-Nuptial Agreement binding?
For a post-nuptial agreement to be binding, the agreement must meet all the requirements of contract law in Singapore, and must be a valid and subsisting contract at the time the agreement comes before the Court. The contents of the agreement will also need to be balanced against parties’ responsibilities under the Women’s Charter, particularly in relation to the “just and equitable” division of matrimonial assets and the maintenance of children. Therefore, it is important to have your post-nuptial agreement drawn up by a skilled and experienced lawyer to ensure the agreement meets all specific requirements under the law.