The Singapore Court docket of Attraction, in the scenario of TQ v TR [2009] SGCA 6, has conclusively determined on the enforceability of overseas prenuptial agreements.
In the past, Singapore followed the English rule that prenuptial agreements are commonly unenforceable. Nonetheless, extra new developments, equally in England as very well as in Singapore, have held this rule is outdated and should give way to a principle that prenuptial agreements may perhaps be regarded as, as component of all the circumstances in a scenario, in a court’s perseverance of what is just and reasonable.
The Singapore Courtroom of Attractiveness now holds that it will generally implement foreign prenuptial agreements.
The aforementioned case worries a prenuptial settlement among a Dutch husband and a Swedish wife that was entered into in the Netherlands. In particular, this agreement was ready by a Dutch civil law notary in the Netherlands. The settlement supplied, amongst other points, that “[t]in this article shall be no group of matrimonial assets by any means among the spouses” and that “[t]he marital residence regime in power in between them shall be ruled by Netherlands regulation.”
The Court docket of Attractiveness held that the local courts ought to accord “sizeable (even essential) bodyweight” to the phrases of a prenuptial arrangement which is ruled by and legitimate in accordance to a international legislation, unless its terms violate the general public coverage of Singapore.
It is also important to note that the courtroom verified that the validity of a prenuptial agreement ought to be ruled by its “good” regulation, as with any other contract. The validity of the Agreement, as a result, depends on its position below Dutch law in the present case.
The suitable legislation is to be determined by (in purchase of descending priority):
(a) the specific choice of the get-togethers
(b) the implied choice of the events and
(c) in the absence of any categorical or implied selection of law, by ascertaining the system of regulation with which the settlement has the closest and most authentic connection, which is presumed to be the legislation of the matrimonial domicile until rebutted.
Eventually, there is no blanket rule that a prenuptial agreement will have to be enforced to the exclusion in light of all relevant situation ahead of the court docket. The intention of the courtroom is (in accordance with s 112(1) of the Women’s Constitution) to get there at a division of matrimonial property that is both just and equitable as among the functions.
Is a Prenuptial Arrangement necessary?
Prenups can be a preference for both equally functions in agreement if it is executed appropriately by industry experts. As a result, it is very best to start off by speaking with a lawyer. Only you and your husband or wife can make your mind up, but it pays to be very well researched and know all of your possibilities, specifically when your funds and a lot more are at stake.