Important Decision on Prenuptial Agreements in Singapore

The Singapore Court docket of Enchantment, within the case of TQ v TR [2009] SGCA 6, has conclusively selected the enforceability of international prenuptial agreements.Up to now, Singapore adopted the English rule that prenuptial agreements are typically unenforceable. Nonetheless, newer developments, each in England in addition to in Singapore, have held this rule is outdated and may give method to a precept that prenuptial agreements could also be thought-about, as a part of all of the circumstances in a case, in a court docket’s dedication of what’s simply and honest.The Singapore Court docket of Enchantment now holds that it’s going to usually implement international prenuptial agreements.The aforementioned case considerations a prenuptial settlement between a Dutch husband and a Swedish spouse that was entered into within the Netherlands. Particularly, this settlement was ready by a Dutch civil legislation notary within the Netherlands. The settlement supplied, amongst different issues, that “[t]here shall be no community of matrimonial assets whatsoever between the spouses” and that “[t]he marital property regime in force between them shall be governed by Netherlands law.”The Court docket of Enchantment held that the native courts ought to accord “significant (even critical) weight” to the phrases of a prenuptial settlement which is ruled by and legitimate in response to a international legislation, except its phrases violate the general public coverage of Singapore.It is usually essential to notice that the court docket confirmed that the validity of a prenuptial settlement needs to be ruled by its “proper” legislation, as with all different contract. The validity of the Settlement, thus, is dependent upon its standing below Dutch legislation within the current case.The right legislation is to be decided by (so as of descending precedence):(a) the specific alternative of the events;(b) the implied alternative of the events; and(c) within the absence of any specific or implied alternative of legislation, by ascertaining the system of legislation with which the settlement has the closest and most actual connection, which is presumed to be the legislation of the matrimonial domicile except rebutted.Finally, there is no such thing as a blanket rule {that a} prenuptial settlement should be enforced to the exclusion in mild of all related circumstances earlier than the court docket. The purpose of the court docket is (in accordance with s 112(1) of the Girls’s Constitution) to reach at a division of matrimonial belongings that’s each simply and equitable as between the events.Is a Prenuptial Settlement crucial?Prenups generally is a alternative for each events in settlement whether it is executed correctly by consultants. Due to this fact, it’s best to start out by talking with a lawyer. Solely you and your associate can determine, nevertheless it pays to be properly researched and know your whole choices, particularly when your funds and extra are at stake.