Women's Charter (Chapter 353): Primary legislation governing marriage and divorce in Singapore. Key sections 112 and 113 deal with division of matrimonial assets. Section 112(2) outlines factors courts consider in asset division.
Status of Children Act (Chapter 317): Legislation concerning children's rights and maintenance obligations, crucial for provisions regarding future children in the prenuptial agreement.
Guardianship of Infants Act (Chapter 122): Legislative framework governing guardianship matters, relevant when including provisions about future children in the agreement.
Independent Legal Advice Requirement: Both parties must receive independent legal counsel before signing the agreement to ensure its enforceability.
Full Disclosure Requirement: Mandatory full and frank disclosure of all assets and financial circumstances by both parties.
Voluntary Execution Requirement: Agreement must be signed voluntarily without any form of duress or coercion.
Timing Requirement: Agreement must be signed well in advance of the marriage to avoid claims of duress or pressure.
Fairness Standard: Terms of the agreement must be fair and reasonable at the time of execution.
Non-Contractable Matters: Certain matters cannot be contracted out including child custody, child maintenance obligations, and court's right to vary maintenance orders.
Mental Capacity Requirement: Both parties must have sufficient mental capacity to understand the nature and implications of the agreement.
Asset Classification: Clear distinction and treatment of pre-marriage assets, matrimonial home, future inheritances, business interests, and intellectual property rights.
Financial Obligations: Specification of financial obligations and responsibilities during marriage, including maintenance provisions.
