Does S’pore recognise prenuptial agreements?
Q MY MARRIAGE was solemnised in a foreign country but I am now living in Singapore.
Should my spouse and I divorce, which country’s law will apply?
If I am not wrong, prenuptial agreements are not recognised in Singapore courts.
So is there a legal way to protect my assets such as property, shares and CPF savings from going to my spouse if we divorce?
A The Family Court here can grant divorces for marriages registered in any country if you fulfil two conditions.
Firstly, three years must have passed since the date of your marriage registration in that country.
Secondly, you must be a Singapore citizen or if you are a foreigner, you must have lived in Singapore for a continuous period of three years before you file for divorce.
If you do not satisfy both conditions, you have to consult a divorce lawyer in the country that you registered your marriage in.
You are right: Prenuptial agreements are not enforceable in Singapore’s Family Court.
Before the court grants a final divorce order, it has to make orders in relation to the custody of the children, maintenance for the wife and children, and division of the matrimonial home and matrimonial assets. These are often referred to as ‘ancillary matters’.
Matrimonial assets refer to assets acquired by you or your spouse or both of you before the marriage for the benefit of the family or which are substantially improved upon by either spouse during the marriage.
Assets acquired by either spouse during the marriage also form part of the matrimonial assets.
Your CPF funds, property and shares may be regarded as your matrimonial assets.
You may wish to reach an agreement on the division of the matrimonial assets with your spouse before you file for divorce or during the divorce proceedings.
In this way, you can have a say in how the matrimonial assets are to be shared with your spouse.
A lawyer would be able to assist you in doing this. Such an agreement will ensure that both of you resolve the issue in an amicable and speedy manner.
The Family Court would endorse such an agreement if it is a complete and comprehensive financial settlement. It must also benefit both of you.
Rajan ChettiarLawyerRajan Chettiar & Co
Source : Sunday Times - 3 Sept 2006
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