CAN A PRENUPTIAL AGREEMENT BE CONTESTED DURING DIVORCE?
Yes, it can be contested – but the amount of weight the court gives to the prenup depends on many factors, including the circumstances under which the prenup was entered into, such as whether there was fraud, duress, undue influence or unconscionability, explained Loo.
To illustrate how a prenup can be contested, Han cited a high court case in 2021 involving a couple who had been married for about 16 years.
In this case, Han noted, the High Court judge decided that it would not give “full weight” to the terms of the prenup because there were other factors to consider, such as the husband and wife’s individual contributions – whether direct, financial or indirect – and the needs of their children.
At the end of the day, there’s always value in a prenup, said Han. “In cases where a couple has no children, where there is no question of indirect contributions such as maternal care, such agreements are helpful to delineate the line for the preservation and ownership of assets.”
WHAT HAPPENS TO THE PRENUP IF EITHER PARTY DIES DURING THE MARRIAGE?
In death, a prenup is of no use, said Han. In this case, the deceased’s will or rule of intestacy (when a person dies without a will) would apply.
Do note that this article should not be construed as legal advice.
Why are prenuptial agreements becoming the trend in Singapore marriages- CNA Lifestyle & Latest News Update
Why are prenuptial agreements becoming the trend in Singapore marriages- CNA Lifestyle & More Live News
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