Pre-nuptial agreements that set out the division of assets in the event of a divorce are becoming less stigmatised in Singapore nowadays, growing in popularity across a diverse demographic ranging from younger millennials to high net-worth individuals. Pre-nuptial (and indeed, post-nuptial) agreements are one of the circumstances that may be considered by the court in ordering the division of matrimonial assets. However, in Singapore, it is established law that pre-nuptial agreements cannot be enforced in and of themselves and are subject to the court’s scrutiny. Rather, the court retains the ultimate power to divide matrimonial assets in such proportions as the court thinks just and equitable, and will determine the weight that ought to be accorded to the pre-nuptial agreement.
In CLB v CLC [2021] SGHCF 17, the High Court found that the weight to be given to a pre-nuptial agreement was significantly diminished by the parties having behaved inconsistently with the pre-nuptial agreement throughout the 16-year marriage.
In this Update, we examine the key takeaways from the case that parties may wish to pay attention to, whether they are considering entering a pre-nuptial agreement themselves or seeking to ensure an existing pre-nuptial agreement will be upheld as far as possible.
For more information, click here to read the full Legal Update.
