Prenuptial and Postnuptial Agreements: Setting Clear Terms
Prenuptial and postnuptial agreements help couples set clear expectations about finances, responsibilities and future arrangements. They are practical tools for reducing conflict, strengthening communication and providing stability should the marriage face difficulties later on.
For an overview of the full divorce process and key family law issues, visit Divorce Lawyer in Singapore for Fair Outcomes.
Key Takeaways
Prenuptial (before marriage) and postnuptial (after marriage) agreements set clear financial and practical terms.
These agreements can support transparency and reduce future disputes.
Courts may refer to them during divorce if terms are fair and aligned with welfare of children.
They cannot override the court’s duty to ensure fairness.
Legal guidance ensures the agreement is properly drafted, reasonable and enforceable.
Prenuptial and postnuptial agreements in Singapore help couples set clear financial and practical terms before or during marriage. Courts may consider them during divorce if terms are fair and protect children’s welfare.
What Are Prenuptial and Postnuptial Agreements?
A prenuptial agreement is made before marriage.
A postnuptial agreement is made after marriage.
Both outline how the couple intends to handle:
assets and property
savings and investments
debts and liabilities
financial responsibilities
expectations during marriage
arrangements if the marriage breaks down
These agreements help couples start from a place of clarity and shared understanding.
Why Couples Choose These Agreements
Couples enter into nuptial agreements for different reasons, including:
1. Clear financial planning
These agreements help define how savings, assets or property will be managed.
2. Protecting pre-marital assets
If one spouse owns property or a business before marriage, agreements help clarify ownership and expectations.
3. Protecting children from previous marriages
Parents can outline responsibilities and safeguard assets meant for their children.
4. Reducing conflict
Clear written terms reduce misunderstandings and minimise disputes during uncontested divorces or contested divorces.
5. Encouraging communication
Discussing financial expectations can strengthen trust and understanding.
What Can a Prenup or Postnup Include?
These agreements can be tailored to each couple’s situation. They often include terms about:
Property and assets
Who owns what and how assets should be handled.
Financial responsibilities
How bills, loans and living expenses are shared.
Children from previous relationships
Clarity around support and inheritance.
Maintenance expectations
General intentions around spousal support, aligning with principles explained in Spousal Maintenance in Singapore.
Handling future disputes
How issues may be resolved if disagreements arise.
Separation plans
How living arrangements and responsibilities will be managed if separation occurs.
(For formalised separation terms, see Deed of Separation)
How Courts Treat Prenuptial and Postnuptial Agreements
While these agreements show clear intention, the court is not automatically bound by them.
The Family Justice Courts will consider them only if:
the terms are fair
both parties understood what they were signing
no one was pressured into signing
the agreement protects the welfare of children
If the marriage eventually breaks down, the agreement may be one of the factors considered during divorce by mutual agreement, separation-based divorces, or other routes.
For related issues involving children, see:
When a Prenup or Postnup Is Useful
These agreements provide clarity and are particularly helpful when:
spouses bring significant assets into the marriage
one spouse has children from a previous marriage
one partner owns a business
inheritances or family assets need protection
the couple wants to reduce uncertainty in the long term
They are also practical for couples who want to avoid future disputes over responsibility, property or expectations.
Limitations of Prenuptial and Postnuptial Agreements
These agreements cannot:
override the court’s obligation to ensure fairness
determine child custody or access conclusively
prevent the court from adjusting terms if circumstances change
During a divorce, the court will always prioritise fairness and the welfare of children.
Learn more about how orders may shift over time in Variation of Orders After Divorce.
Why Legal Advice Matters
A well-drafted agreement ensures:
terms are written clearly
both spouses understand their rights
clauses are reasonable and balanced
no key issues are overlooked
Legal guidance also ensures the agreement supports — not contradicts — the principles applied during divorce proceedings explained in Divorce Lawyer in Singapore for Fair Outcomes..
Conclusion
Prenuptial and postnuptial agreements help couples build clarity, trust and long-term stability by setting out practical expectations early on. When drafted fairly and thoughtfully, they reduce future uncertainty and protect the interests of both spouses.
For more guidance on family law and divorce matters, follow @21chamberssg on Instagram and Facebook for updates and practical insights or WhatsApp us at +65 8011 2121.
FAQs
Are prenuptial agreements recognised in Singapore?
Yes, but the court only considers them if terms are fair.
Do we need separate lawyers?
Each spouse should seek independent legal advice to avoid claims of unfairness.
Can a prenup decide child custody?
No. Custody, care and control decisions depend on the child’s welfare, not pre-agreed terms.
Can the agreement be changed later?
Yes, couples may amend the agreement if both agree.
