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Post Nuptial Agreement for Singapore

Post Nuptial Agreement Template for Singapore

A legally binding agreement made between spouses after marriage under Singapore law, setting out arrangements for the division of assets, financial responsibilities, and other matrimonial matters. The agreement is governed by the Women's Charter and must comply with Singapore's legal requirements including full financial disclosure and independent legal advice for both parties. While not automatically binding on courts, such agreements carry significant weight in Singapore's legal system when properly executed.

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What is a Post Nuptial Agreement?

A Post Nuptial Agreement is utilized when married couples in Singapore wish to formally document their agreed arrangements regarding property division, financial obligations, and other matrimonial matters after their marriage has taken place. This document becomes particularly relevant when there are significant assets to protect, business interests to consider, or when circumstances have changed substantially since marriage. Under Singapore law, while such agreements are not automatically binding, courts give them significant weight when properly executed with full disclosure and independent legal advice. The agreement must comply with the Women's Charter and cannot contract out of certain mandatory provisions, such as those relating to CPF funds.

What sections should be included in a Post Nuptial Agreement?

1. Parties: Details of both spouses including full legal names and identification

2. Background: Marriage details, date of marriage, and context for the agreement

3. Definitions: Key terms used throughout the agreement

4. Division of Assets: Detailed arrangement for division of matrimonial assets

5. Maintenance Provisions: Arrangements for spousal maintenance if applicable

6. Governing Law: Specification of Singapore law as governing law

7. Execution: Signing provisions and witness requirements

What sections are optional to include in a Post Nuptial Agreement?

1. Future Property: Provisions addressing the treatment of assets acquired after the agreement

2. Business Interests: Specific provisions for business assets and their treatment in case of dissolution

3. Inheritance Provisions: Treatment of inherited or anticipated inherited assets

4. Children's Provisions: Arrangements regarding children's financial matters if applicable

What schedules should be included in a Post Nuptial Agreement?

1. Schedule of Assets: Comprehensive list of all current matrimonial assets and their values

2. Schedule of Liabilities: List of all current debts and obligations

3. Certificate of Independent Legal Advice: Confirmation that both parties received independent legal advice

4. Financial Disclosure Statements: Detailed financial declarations from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions




























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Industries

Women's Charter (Chapter 353): Primary legislation governing marriage and matrimonial matters in Singapore, particularly sections 112 (division of matrimonial assets) and 113 (maintenance)

TQ v TR [2009] SGCA 6: Key case law establishing that marital agreements are not contrary to public policy in Singapore

CPF Act: Central Provident Fund legislation that places restrictions on dealing with CPF monies - parties cannot contract out of CPF rules

Full and Frank Disclosure Requirement: Legal requirement that both parties must provide complete disclosure of all assets and financial circumstances for the agreement to be valid

Independent Legal Advice: Requirement that both parties must receive independent legal advice before signing the agreement

Matrimonial Assets Definition: Understanding of assets acquired before and during marriage, and their classification as matrimonial assets under Singapore law

Inheritance Act: Legislation governing inheritance matters that may affect provisions in the post-nuptial agreement regarding asset distribution upon death

Wills Act: Legislation governing the creation and execution of wills that may interact with post-nuptial agreement provisions

Contract Law Principles: General principles of contract law including capacity, consideration, and intention to create legal relations

Natural Justice Principles: Fundamental principles ensuring fairness and equity in the agreement, including absence of duress or undue influence

Execution Requirements: Legal requirements for proper execution and witnessing of the post-nuptial agreement

Review Provisions: Best practice inclusion of clauses allowing for regular review and potential updates to the agreement

Dispute Resolution Mechanisms: Inclusion of clear procedures for resolving any disputes that may arise regarding the interpretation or implementation of the agreement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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