Post-Nuptial Agreements in Singapore: What You Need to Know
What is a Post-Nuptial Agreement?
A post-nuptial agreement (“post-nup”) is a written agreement made after a couple is already married. It usually sets out how the couple intends to deal with their property, finances, and sometimes child-related matters in the event of separation or divorce.
While many people have heard of pre-nuptial agreements (“pre-nups”), fewer realise that post-nups are also valid in Singapore and can carry significant weight in court – though they are not automatically binding.
Why Would Couples Consider a Post-Nuptial Agreement?
There are many reasons why couples in Singapore enter into a post-nup:
- Changed circumstances – For example, one spouse receives a large inheritance, or the couple starts a family business.
- To rebuild trust – Post-nups are sometimes made after infidelity or conflict, to provide clarity and reassurance.
- To plan for children – Couples may want to set out expectations for care, custody, or financial support.
- To avoid future disputes – Clear agreements reduce uncertainty if the marriage breaks down later.
Are Post-Nuptial Agreements Enforceable in Singapore?
Yes – but with limits.
- Post-nups are not orders of court. However, the Family Justice Courts may take them into account when deciding issues like division of matrimonial assets or maintenance, as long as the terms are fair and not contrary to the Women’s Charter.
- The Court of Appeal in TQ v TR and Another Appeal [2009] SGCA 6 confirmed that post-nups can be persuasive evidence of the couple’s intentions.
- Section 112(2) of the Women’s Charter requires courts to consider such agreements when dividing matrimonial assets.
- That said, the court will always prioritise the best interests of children and may disregard terms that are unfair or unlawful (e.g. excluding a spouse’s right to maintenance under s 113).
In short: post-nups are valid in Singapore, but they are subject to court scrutiny, and the court has the final say.
How Are Post-Nups Different from Other Agreements?
- Pre-Nuptial Agreements: Signed before marriage. Post-nups may carry more weight because they reflect the couple’s current circumstances rather than expectations before marriage.
- Deeds of Separation: Signed when couples are already separated. These are usually more enforceable because they are often converted into consent orders during divorce proceedings.
Key Points Courts Look At
When considering a post-nup, Singapore courts will examine:
- Fairness – Are the terms balanced, or heavily one-sided?
- Compliance with the Women’s Charter – Any clause restricting statutory rights (e.g. maintenance) will not be enforced.
- Consent – Was the agreement signed voluntarily, without undue pressure, fraud, or misrepresentation?
- Child welfare – Any term affecting children must serve their best interests.
Should You Make a Post-Nuptial Agreement?
A post-nup is not for every couple. But it can be a valuable tool if:
- You want clarity on how assets will be divided if the marriage ends.
- You have significant assets (e.g. property, business interests, or overseas investments).
- You have children and wish to minimise conflict in the future.
- You are reconciling after a period of marital strain and want reassurance.
It is best to have the agreement drafted or reviewed by an experienced family lawyer, so that it is properly worded and more likely to be given weight by the courts.
FAQs on Post-Nuptial Agreements in Singapore
1. Are post-nups legally binding in Singapore?
Not automatically. They are not court orders, but the Family Justice Courts can consider them if they are fair and consistent with the Women’s Charter.
2. Can a post-nup override the Women’s Charter?
No. Terms that attempt to exclude spousal maintenance or prejudice children’s welfare will not be enforced.
3. Is a post-nup stronger than a pre-nup?
Often, yes. Courts may give more weight to post-nups because they reflect the couple’s current situation rather than predictions made before marriage.
4. Do both spouses need lawyers?
Yes. Having independent legal advice reduces the risk of the agreement being challenged later as unfair or signed under pressure.
5. How much does a post-nuptial agreement cost?
Legal fees vary depending on complexity, but a lawyer can provide a fixed fee quote once they understand your situation.
PKWA Law – Experienced Family Lawyers for Post-Nuptial Agreements
At PKWA Law, we have over 30 years of experience in family law, consistently recognised by The Straits Times, Benchmark Litigation, Asian Legal Business, and Doyle’s Guide as one of Singapore’s leading firms.
We can help you:
- Draft clear and enforceable post-nuptial agreements.
- Review agreements to ensure fairness and compliance with the law.
- Advise on alternatives such as deeds of separation or consent orders.
Contact us today for a confidential consultation with our family lawyers.
