What is a Prenuptial Agreement?
A Prenuptial Agreement is a legal contract that is entered into between a couple before marriage. The contract must be entered before marriage to distinguish it from a deed of separation, which is a legal document entered between a married couple after a marriage containing the terms of the arrangement to live separately.
Can a Prenuptial Agreement be enforced?
The court may refer to a Prenuptial Agreement but the court will still ultimately be bound by the Women’s Charter. Hence, the court may not uphold any terms of a Prenuptial Agreement that conflicts with any provisions of the Women’s Charter 1961.
Why is it then still beneficial to have a Prenuptial Agreement?
The court may take the relevant terms in a Prenuptial Agreement as a factor into consideration when deciding a judgment on a divorce. The court may refer to the terms of a Prenuptial Agreement which may include agreed terms on issues such as maintenance of spouse or children and division of matrimonial assets.
For example, Section 112 of the Women’s Charter highlights the power of the court to order the division of matrimonial assets:
112(1) The court has power, when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, to order the division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset in such proportions as the court thinks just and equitable.
112(8) Any order under this section may be made upon such terms and subject to such conditions (if any) as the court thinks fit.
The court has the ultimate discretion as to what the court thinks fits, in the best interest of the separating couple especially the children (if any is involved).
What are the steps for a Prenuptial Agreement?
At Ray Louis Law, we are well versed with the provisions of the Women’s Charter. Hence, we can help you draft a Prenuptial Agreement with compatible terms to the Women’s Charter. Aside from assisting you with the drafting, we will also advise you on the legal procedures and considerations to be taken into consideration to help you gain the most benefits out of your Prenuptial Agreement.
We believe a Prenuptial Agreement should be dealt with a positive attitude and be a non-contentious matter, we aim to provide you with clarity and guidance in the interest of both parties; you and your significant other.