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Marital / Post – Nuptial
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Introduction
A marital or post-nuptial agreement is a legal contract between two individuals who are married or planning to get married. The purpose of a marital or post-nuptial agreement is to establish the rights and responsibilities of each party in the event of a divorce or separation.
In Singapore, marital and post-nuptial agreements are becoming increasingly popular as more couples seek to protect their assets and financial interests. In this article, we will discuss marital and post-nuptial agreements in Singapore, including the benefits, the steps involved, and how a Singapore divorce lawyer can assist you in the process.
What is a Marital or Post-Nuptial Agreement?
A marital or post-nuptial agreement is a legal contract between two individuals who are married or planning to get married. The agreement outlines the rights and responsibilities of each party in the event of a divorce or separation.
A marital or post-nuptial agreement can cover a wide range of issues, including the division of assets, spousal support, and child custody. The purpose of a marital or post-nuptial agreement is to provide clarity and certainty in the event of a divorce or separation, and to protect the interests of both parties.
Benefits of a Marital or Post-Nuptial Agreement
There are several benefits to having a marital or post-nuptial agreement in Singapore:
Protection of assets: A marital or post-nuptial agreement can help to protect your assets in the event of a divorce or separation. You can specify which assets are considered separate property and which assets are considered marital property. This can help to ensure that your assets are protected and that you are able to retain the assets that are most important to you.
Clarity and certainty: A marital or post-nuptial agreement can provide clarity and certainty in the event of a divorce or separation. By establishing the rights and responsibilities of each party, a marital or post-nuptial agreement can help to avoid misunderstandings and disputes.
Protection of business interests: If you own a business, a marital or post-nuptial agreement can help to protect your business interests in the event of a divorce or separation. You can specify how your business will be divided in the event of a divorce, and you can ensure that your business interests are protected.
Financial planning: A marital or post-nuptial agreement can help you and your spouse to plan for the future. By establishing the rights and responsibilities of each party, you can ensure that you are both able to meet your financial obligations and achieve your financial goals.
Minimizing conflict: A marital or post-nuptial agreement can help to minimize conflict in the event of a divorce or separation. By establishing the rights and responsibilities of each party, a marital or post-nuptial agreement can help to avoid misunderstandings and disputes.
Steps in the Marital or Post-Nuptial Agreement Process
The marital or post-nuptial agreement process in Singapore typically involves the following steps:
Consult with a Singapore divorce lawyer: If you are considering a marital or post-nuptial agreement, it is important to consult with a Singapore divorce lawyer who is experienced in drafting such agreements. Your lawyer can explain the process and help you determine if it is the right option for you.
Discuss the terms of the agreement: You and your spouse will need to discuss the terms of the marital or post-nuptial agreement. You will need to consider issues such as the division of assets, spousal support, and child custody.
Draft the agreement: Your lawyer will draft the marital or post-nuptial agreement based on the terms that you and your spouse have agreed to. The agreement will need to be in writing and signed by both parties.
Obtain independent legal advice: Both parties will need to obtain independent legal advice on the terms of the marital or post-nuptial agreement. This is to ensure that both parties fully understand the terms of the agreement and are entering into it voluntarily.
Sign the agreement: Once both parties have obtained independent legal advice, the marital or post-nuptial agreement can be signed. The agreement will become legally binding once it is signed.
Review the agreement periodically: It is important to review your marital or post-nuptial agreement periodically to ensure that it still reflects your wishes and that it is still enforceable under Singapore law. Your Singapore divorce lawyer can assist you in reviewing and updating your marital or post-nuptial agreement.
Enforcement of Marital or Post-Nuptial Agreements in Singapore
Marital and post-nuptial agreements are legally enforceable in Singapore, provided that they meet certain requirements. In order for a marital or post-nuptial agreement to be enforceable, it must be:
In writing: The marital or post-nuptial agreement must be in writing.
Voluntary: Both parties must enter into the marital or post-nuptial agreement voluntarily, without any coercion or undue influence.
Fair and reasonable: The terms of the marital or post-nuptial agreement must be fair and reasonable. The agreement cannot be unconscionable or against public policy.
Signed by both parties: The marital or post-nuptial agreement must be signed by both parties.
If these requirements are met, the marital or post-nuptial agreement will be legally binding and enforceable in Singapore.
How a Singapore Divorce Lawyer Can Assist You
A marital or post-nuptial agreement is a legal document that requires the assistance of an experienced Singapore divorce lawyer. Here are some ways that a Singapore divorce lawyer can assist you:
Provide legal advice: A divorce lawyer can provide you with legal advice on your rights and obligations regarding marital or post-nuptial agreements, including the process and the requirements for enforcement.
Draft the agreement: Your lawyer can draft the marital or post-nuptial agreement based on your discussions with your spouse. Your lawyer can ensure that the agreement meets the legal requirements for enforceability and that it protects your interests.
Negotiate the terms: Your lawyer can assist you in negotiating the terms of the marital or post-nuptial agreement with your spouse. Your lawyer can advocate for your interests and help you to reach an agreement that is fair and reasonable.
Ensure compliance with Singapore law: Your lawyer can ensure that the marital or post-nuptial agreement complies with Singapore law and that it is legally enforceable.
Conclusion
A marital or post-nuptial agreement can provide clarity and certainty in the event of a divorce or separation, and can help to protect the interests of both parties. In Singapore, marital and post-nuptial agreements are becoming increasingly popular as more couples seek to protect their assets and financial interests.
By understanding the marital or post-nuptial agreement process and working with an experienced Singapore divorce lawyer, you can ensure that your interests are protected and that you have clarity and certainty in the event of a divorce or separation.
As an experienced divorce lawyer in Singapore, I can provide you with the necessary legal and emotional support to help you through this challenging time. If you’re considering filing for divorce, contact me today for a consultation. Together, we can navigate the divorce process and help you move forward with your life.