However, as with any agreement, the precise conditions of the marriage agreement must be tailored to your specific needs. Frequently asked questions What law follows the contract before or after if my spouse is a foreigner? The marriage agreement is subject to the court chosen by the couple. If it is not expressly stated in the agreement, the agreement must be interpreted to determine whether any clause explicitly or implicitly relates to the choice of the existing law. Marital agreements generally contain terms as to: a conjugal agreement is to have a prior understanding of the separation of the couple`s situation, in order to avoid complications or the unfair separation of property in the event of divorce in the future. The Charter of Women provides that the courts have total freedom of assessment to decide on the child`s child support, custody, custody and control of the child and the division of marital property. Although these provisions of the Women`s Charter do not necessarily deal specifically with marital agreements, the Court of Justice found that there was no logical reason why the legislative policy underlying the Charter of Women (particularly when referring to post-puptial agreements) would not apply equally to marital agreements. Nevertheless, the Singapore Court also reserves discretion to give some weight to a conjugal agreement that does not respect one or more doctrines and requirements of general contract law. Not if the agreement violates the provisions of the Singapore Women`s Charter. In court, the judge`s prerogative is to decide whether the agreement is contrary to the requirements of the Charter of Women.
Similarly, in cases where the pre-contracting agreement relates to maintenance, the courts will not be completely unaware of the existence of the agreement. This also applies to marital agreements that raise questions about children and these agreements would continue to serve as a central guide to the courts in the exercise of their powers. For example, if you and your partner had a marriage pact that clearly listed the debts and debts of both people. In addition to the agreement that the person concerned is solely responsible for compensating these debts and debts on his own account. Then, it is stipulated by law that you do not need to retrieve your partner`s tab if you late your payments in case of a break-up or divorce. But what exactly are marital agreements? As the “Pre” indicates, spouses are signed before their marriage. From a practical point of view, couples view marriage contracts as a form of insurance that gives them certainty of their respective rights and obligations in marriage and also acts as a form of security in the event of an unhappy divorce. Note, however, that if no marriage pact has been developed and a number of years have passed since you and your spouse married before deciding to design a post-uptial agreement, all assets acquired during this number of years of marriage are considered war assets and the process of developing the post-uptial agreement may become more complex.