Once you have decided that a prenuptial agreement makes sense, the next question is what it should actually say. A well-drafted prenup is clear, fair to both partners, and realistic about how a Singapore Court will treat it. This guide sets out the clauses commonly included in a prenup, what a prenup cannot do, and how to get one prepared before your wedding.
Quick answer:
A prenuptial agreement in Singapore usually sets out each partner’s assets before the marriage, how assets acquired during the marriage will be treated, how the matrimonial home and any business will be dealt with, and which law governs the agreement. Terms about the children are possible, but the Court will scrutinise them closely.
What Should a Prenuptial Agreement Include?
Every prenup should reflect the couple’s own circumstances, but most cover the following.
Full disclosure of assets and liabilities
A schedule of each partner’s property, savings, investments, CPF monies, business interests and debts. This is the foundation of the agreement.Pre-marriage assets
Whether assets owned before the marriage remain each partner’s separate property, including any increase in their value.Gifts and inheritances
How gifts and inheritances received by either partner during the marriage will be treated.The matrimonial home
How the home will be owned and, if the marriage ends, how it should be divided. For an HDB flat, HDB’s own ownership and eligibility rules will also apply.Business interests
Whether a business owned or started by one partner remains theirs, and how any growth in its value should be treated.Governing law
Which country’s law governs the agreement. This is particularly important for international couples.A review clause
When the agreement should be reviewed, for example after the birth of a child or a major change in finances.
What Can’t a Prenuptial Agreement Do?
A prenup cannot remove the Court’s power to make a just and equitable decision on divorce. Terms that go against the Women’s Charter 1961, or that would leave a spouse or child without adequate support, are unlikely to be upheld. The Court treats each type of term differently.
Division of matrimonial assets
How the Court treats it: One of the factors the Court considers, and it may be given significant weightMaintenance for the wife
How the Court treats it: Scrutinised to make sure the result is fair and provides adequate maintenanceMaintenance for the children
How the Court treats it: Scrutinised closely, as the welfare of the child is paramountCustody, care and control
How the Court treats it: Presumed unenforceable unless shown to be in the child’s best interests
You can read more about how the Court approaches prenups in our guide to Prenuptial Agreements in Singapore.
How Do You Get a Prenuptial Agreement in Singapore?
Start early
Begin discussions several months before the wedding where possible. An agreement signed under time pressure, such as days before the ceremony, is more open to challenge.Exchange full financial disclosure
Each partner lists their assets, liabilities and income. Incomplete disclosure can reduce the weight the Court gives to the agreement.Take independent legal advice
Each partner should have their own lawyer, so both understand the terms and it is clear that the agreement was entered into voluntarily.Draft and negotiate the terms
Your lawyer prepares the agreement and works through any changes with your partner’s lawyer.Sign and store it safely
Both partners sign the final agreement. Keep the original with your other important documents, and review it if your circumstances change significantly.
Key point: A prenup that is fair, freely agreed and based on full disclosure is far more likely to be given weight than one that is one-sided or rushed.
Prenups for International Couples in Singapore
Couples of different nationalities, or who expect to live in more than one country, should think carefully about which country’s law governs the agreement. In TQ v TR [2009] SGCA 6, the Court of Appeal gave significant weight to a prenup entered into by foreign nationals that was valid under the foreign law governing it.
Where either partner holds assets overseas, advice may also be needed on how the agreement would be treated in those countries.
Don’t Forget Your Will
For non-Muslims, a Will is generally revoked by marriage under the Wills Act 1838, unless it was made in contemplation of that marriage. Putting a prenup in place is therefore a good time to make or update your Will as well. Read more about our will writing service.
What to Include in a Prenup: Frequently Asked Questions
Q: What should be included in a prenuptial agreement in Singapore? A: Most prenups include full disclosure of each partner’s assets and debts, how pre-marriage assets, gifts and inheritances will be treated, how the matrimonial home and any business will be dealt with, the governing law, and a review clause.
Q: How long before the wedding should we sign a prenup? A: There is no fixed legal deadline, but it is best to sign well before the wedding, ideally several months in advance. This helps show that both partners entered into the agreement freely.
Q: Do both partners need their own lawyer? A: It is strongly advisable. Independent legal advice helps show that each partner understood the terms and agreed voluntarily, which supports the weight the Court gives to the agreement.
Q: Can a prenup cover what happens to our HDB flat? A: It can record how you intend the flat to be dealt with, but HDB’s own ownership and eligibility rules still apply, and the Court retains its discretion on divorce.
Q: Can we change our prenup after we marry? A: Yes. You can enter into a new written agreement after the wedding, which would be a postnuptial agreement. Read our guide to prenup vs postnup in Singapore.
Speak to a Prenup Lawyer in Singapore
A prenup works best when it is drafted with care and reflects what both partners genuinely want. Our family law team can advise you on what to include and prepare a prenuptial agreement that is clear and fair to both of you.
Contact us to arrange a confidential consultation with our family law team.
