The Singapore Court of Attraction, in the circumstance of TQ v TR [2009] SGCA 6, has conclusively decided on the enforceability of international prenuptial agreements.
In the earlier, Singapore adopted the English rule that prenuptial agreements are frequently unenforceable. Nevertheless, additional new developments, the two in England as effectively as in Singapore, have held this rule is outdated and really should give way to a theory that prenuptial agreements may be viewed as, as element of all the circumstances in a situation, in a court’s perseverance of what is just and reasonable.
The Singapore Court of Attractiveness now holds that it will normally enforce international prenuptial agreements.
The aforementioned situation worries a prenuptial arrangement among a Dutch spouse and a Swedish spouse that was entered into in the Netherlands. In unique, this agreement was ready by a Dutch civil regulation notary in the Netherlands. The agreement furnished, amongst other things, that “[t]below shall be no local community of matrimonial assets in any respect among the spouses” and that “[t]he marital residence routine in drive between them shall be governed by Netherlands legislation.”
The Court docket of Attraction held that the nearby courts really should accord “considerable (even crucial) fat” to the phrases of a prenuptial settlement which is governed by and legitimate in accordance to a overseas law, except if its conditions violate the community policy of Singapore.
It is also significant to notice that the court docket confirmed that the validity of a prenuptial arrangement ought to be governed by its “right” legislation, as with any other contract. The validity of the Settlement, therefore, depends on its standing below Dutch regulation in the current circumstance.
The correct regulation is to be determined by (in purchase of descending precedence):
(a) the categorical selection of the events
(b) the implied alternative of the get-togethers and
(c) in the absence of any express or implied alternative of regulation, by ascertaining the system of regulation with which the arrangement has the closest and most serious link, which is presumed to be the legislation of the matrimonial domicile until rebutted.
In the end, there is no blanket rule that a prenuptial agreement ought to be enforced to the exclusion in light of all applicable conditions before the courtroom. The goal of the court is (in accordance with s 112(1) of the Women’s Constitution) to arrive at a division of matrimonial property that is both of those just and equitable as involving the functions.
Is a Prenuptial Arrangement important?
Prenups can be a selection for both parties in agreement if it is executed properly by industry experts. Hence, it is most effective to begin by speaking with a lawyer. Only you and your companion can choose, but it pays to be properly researched and know all of your solutions, especially when your finances and additional are at stake.