A prenuptial agreement and a postnuptial agreement both set out how a couple’s assets and finances should be dealt with if the marriage ends. The main difference is timing. This guide explains how a prenup and a postnup compare in Singapore, how the Court treats each one, and which may suit your situation.
Quick answer:
A prenuptial agreement is signed before the marriage. A postnuptial agreement is signed after the wedding, during the marriage. In Singapore, neither is automatically legally binding, but the Court takes both into account when dividing matrimonial assets on divorce.
What Is the Difference Between a Prenup and a Postnup?
A prenup is made by a couple before they marry, usually to set out how assets each person brings into the marriage, such as property, savings or a family business, should be treated. A postnup is made after the wedding. Couples often enter into one when their circumstances change, for example after receiving an inheritance, starting a business or moving to Singapore, or when they decide to separate.
Both types of agreement can cover similar ground, including how assets are owned during the marriage and how they should be divided if it ends. You can read more about what a prenup covers in our guide to Prenuptial Agreements in Singapore.
Prenup vs Postnup: Key Differences
When is it signed?
Prenuptial agreement: Before the marriage
Postnuptial agreement: After the wedding, during the marriageCommon reasons
Prenuptial agreement: Setting out pre-marriage assets, family wealth or a business
Postnuptial agreement: A change in circumstances, or planning a separationAutomatically binding?
Prenuptial agreement: No
Postnuptial agreement: NoHow the Court treats it
Prenuptial agreement: One of the factors in dividing matrimonial assets
Postnuptial agreement: One of the factors, and may carry more weight where made in contemplation of divorceTerms about children
Prenuptial agreement: Closely scrutinised by the Court
Postnuptial agreement: Closely scrutinised by the Court
Are Prenups and Postnups Enforceable in Singapore?
Neither agreement is automatically legally binding. On divorce, the Court has the power under section 112 of the Women’s Charter 1961 to divide matrimonial assets in proportions that are just and equitable. In doing so, it must have regard to any agreement between the spouses about the ownership and division of matrimonial assets made in contemplation of divorce.
In the leading Court of Appeal case, TQ v TR [2009] SGCA 6, the Court explained that the weight given to a prenuptial agreement depends on the facts of each case, and that it may be significant, or even conclusive, in appropriate situations. A postnuptial agreement made when the couple is contemplating divorce may be given more weight, as it reflects their circumstances closer to the time of the divorce.
What about terms on the children?
Terms about the children are treated differently, because the welfare of the child is the paramount consideration. Terms on maintenance are subject to the Court’s scrutiny, and terms on custody, care and control are presumed to be unenforceable unless the party relying on them clearly shows that they are in the child’s best interests.
Key point: A prenup or postnup is most likely to be given weight where both spouses entered into it voluntarily, with full disclosure of their assets and independent legal advice, and where its terms are fair to both.
When Should You Consider a Prenup or a Postnup?
Consider a prenup if…
you are about to marry and are bringing significant assets, a business or an expected inheritance into the marriage, or you and your partner are of different nationalities and may live in more than one country.Consider a postnup if…
you are already married and your circumstances have changed, such as receiving an inheritance, starting or selling a business, or relocating.Consider a postnup with a deed of separation if…
you have decided to separate and want to record how your finances and the arrangements for the children will be handled. Read more on our Post-Nuptial Agreement page.
If you did not sign a prenup before the wedding, a postnup can achieve much the same purpose.
Can a postnup help if we later divorce?
Yes. Where the financial terms are already agreed, a later divorce is more likely to proceed as an uncontested divorce, which is generally faster and less costly than a contested one.
Prenups and Postnups: Frequently Asked Questions
Q: What is the difference between a prenup and a postnup in Singapore? A: A prenup is signed before the marriage, and a postnup is signed after the wedding. Both can set out how assets are owned and divided if the marriage ends, and the Court takes both into account on divorce.
Q: Is a postnuptial agreement legally binding in Singapore? A: Not automatically. The Court considers it when dividing matrimonial assets and may give it significant weight, particularly where it was made in contemplation of divorce, voluntarily and with full disclosure.
Q: Is a postnup given more weight than a prenup? A: It may be. A postnup made in contemplation of divorce reflects the couple’s circumstances closer to the time of the divorce, so the Court may give it more weight. The weight in each case depends on the facts.
Q: Can a prenup or postnup decide custody of our children? A: Terms on custody, care and control are presumed to be unenforceable unless the party relying on them clearly shows that they are in the child’s best interests.
Q: Can we sign a postnup if we did not sign a prenup? A: Yes. A postnup can be signed at any point during the marriage, and it can cover much the same ground as a prenup.
Speak to a Lawyer About a Prenup or Postnup
Whether you are planning your marriage or reviewing your arrangements during it, our family law team can advise on whether a prenuptial agreement or a postnuptial agreement suits your circumstances, and draft an agreement that is clear and fair to both of you.
Contact us to arrange a confidential consultation with our family law team.
