The content of these agreements varies from couple to couple. However, they generally refer to the distribution of child issues before and during marriage, dependent issues and child issues.) Marital agreements are beneficial because they allow the couple to decide what is best for one of the two parties and the children if they have to legally end their marriage. It also helps protect a party from liability for the partner`s debts after the divorce. However, while the agreement may impose the distribution and ownership of property, as well as access to children and custody of children, the court must ensure that the distribution of finances is fair and fair and that the parental order is approved and that the order given to the child is in the best interests of the child. 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. It is also important to remember that, regardless of an agreement, whether pre-marital or by other means, the courts will always be particularly vigilant when it comes to making decisions concerning the child of marriage and that they will not easily adhere to the agreements stipulated in the agreement. The welfare of the child is the ultimate consideration and the courts will always decide on the basis of what is in the best interests of the child. It is quite possible that the content of your marriage pact is consistent with your child`s well-being, but the courts will nevertheless be the last arbiter as to the appropriateness of the arrangements contained in your marriage pact. However, as noted above, several issues are considered differently by the court, such as the presumption that marital custody agreements would not be applicable unless it is shown that the agreement is in the best interests of the child or child concerned. A marital agreement (or « Prenup ») is a pre-marriage agreement that attempts to determine the distribution of property in the event of divorce. It looks like a founder`s contract in two respects – first, both are usually designed before entering into a partnership. Second, both parties aim to develop an « exit strategy » in the event of a breakdown in the partnership.
No matter what they say about the sanctity of marriage, if one of you is sitting on a gold mine of family patrimony, there is a good chance that your in-laws will insist that you sign a marriage pact before tying the knot. Whether a particular matrimonial agreement will be valid and applicable by Singapore`s courts is complex. Many of the issues that must be resolved by a matrimonial agreement are already settled by the Women`s Charter (Cap 353). It is also important to note that the court has confirmed that the validity of a marriage pact should be governed by its « just » right as with any other contract. The appropriate right must be determined by (in descending order of priority): (a) the explicit choice of parties; (b) the tacit choice of the parties; and (c) in the absence of an express or tacit choice of law, by identifying the legal system with which the agreement has the closest and most real connection, unless it is rebutted.