The Singapore Courtroom of Attraction, within the case of TQ v TR [2009] SGCA 6, has conclusively selected the enforceability of overseas prenuptial agreements.Prior to now, Singapore adopted the English rule that prenuptial agreements are typically unenforceable. Nevertheless, more moderen developments, each in England in addition to in Singapore, have held this rule is outdated and will give solution to a precept that prenuptial agreements could also be thought of, as a part of all of the circumstances in a case, in a court docket’s willpower of what’s simply and truthful.The Singapore Courtroom of Attraction now holds that it’s going to usually implement overseas prenuptial agreements.The aforementioned case considerations a prenuptial settlement between a Dutch husband and a Swedish spouse that was entered into within the Netherlands. Specifically, this settlement was ready by a Dutch civil legislation notary within the Netherlands. The settlement offered, amongst different issues, that “[t]here shall be no community of matrimonial assets whatsoever between the spouses” and that “[t]he marital property regime in force between them shall be governed by Netherlands law.”
The Courtroom of Attraction held that the native courts ought to accord “significant (even critical) weight” to the phrases of a prenuptial settlement which is ruled by and legitimate based on a overseas legislation, until its phrases violate the general public coverage of Singapore.It is usually vital to notice that the court docket confirmed that the validity of a prenuptial settlement must be ruled by its “proper” legislation, as with every different contract. The validity of the Settlement, thus, is dependent upon its standing beneath Dutch legislation within the current case.The right legislation is to be decided by (so as of descending precedence):(a) the categorical selection of the events;(b) the implied selection of the events; and(c) within the absence of any categorical or implied selection of legislation, by ascertaining the system of legislation with which the settlement has the closest and most actual connection, which is presumed to be the legislation of the matrimonial domicile until rebutted.In the end, there is no such thing as a blanket rule prenuptial settlement should be enforced to the exclusion in mild of all related circumstances earlier than the court docket. The goal of the court docket is (in accordance with s 112(1) of the Girls’s Constitution) to reach at a division of matrimonial property that’s each simply and equitable as between the events.
Is a Prenuptial Settlement crucial?Prenups generally is a selection for each events in settlement whether it is executed correctly by specialists. Subsequently, it’s best to begin by talking with a lawyer. Solely you and your companion can determine, but it surely pays to be nicely researched and know all your choices, particularly when your funds and extra are at stake.