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It explains how the legality of such agreements is upheld while courts retain scrutiny power to ensure just and equitable outcomes on divorce, including protective orders affecting children. Drawing on principles from contract and family law, it structures the competing interests between spouses’ autonomy and public policy concerns.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/the-law-in-singapore-on-rights-and-responsibilities-in-marital-agreements-article-107-128/639396/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/the-law-in-singapore-on-rights-and-responsibilities-in-marital-agreements-article-107-128/639396.png","ImageObject",300,407,{"name":92,"@type":93},"Syukur Setiap Hari","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-03","2026-10-22",true,{"@type":102,"interactionType":103,"userInteractionCount":29},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What legal principle does Singapore law apply to marital agreements on divorce?","Question",{"text":112,"@type":113},"Singapore law upholds the legality of marital agreements unless they undermine the marital relationship, while requiring judicial scrutiny to make just and equitable financial orders between spouses upon divorce.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How did the Court of Appeal treat prenuptial agreements in TQ v TR and another appeal?",{"text":117,"@type":113},"It affirmed the legality of a prenuptial agreement covering division of matrimonial assets upon divorce, treating it as a marital agreement regulated similarly to other agreements during the subsistence of marriage.",{"name":119,"@type":110,"acceptedAnswer":120},"Why does the regulation of marital agreements require balancing interests?",{"text":121,"@type":113},"The law must balance spouses’ contractual autonomy against concerns about public policy, potential pressure on a spouse, and whether courts should intervene when agreement terms fall short of what developed law would require.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},639396,1792767025,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":29,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},962093541965,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","Singapore Journal of Legal Studies [2010] 107–128  \nTHE LAW IN SINGAPORE ON RIGHTS AND  \nRESPONSIBILITIES IN MARITAL AGREEMENTS∗  \nLeong Wai Kum†  \nPeople, including the soon-to-be married and the already married, have the right to enter agreements with each other. Where spouses are content with the terms they negotiated, there is no reason for family law to intervene. At the same time spouses owe one another responsibilities, some of which crystallise only upon their divorce. The law in Singapore balances the interests that arise from both facets of the marital relationship. The law upholds the legality of marital agreements unless they make a mockery of the marital relationship but subjects all of them to the scrutiny of the court, which retains power to make fair financial orders between spouses upon divorce and protect their children. This paper traces current law in Singapore and compares it with law that allows an agreement to displace the court’s power.  \nI. Law Clarified  \nThe Court of Appeal, the highest court in Singapore, in TQ v TR and another appeal 1 affirmed the legality of a prenuptial agreement on division of matrimonial assets upon divorce. The agreement was executed in the Netherlands between two persons who at that time had no connection with Singapore. Under Singaporean law, a prenuptial agreement is regulated in the same way as any marital agreement formed during the subsistence of marriage.2 This marital agreement, relating to the division of matrimonial assets, is subject to the broad discretionary power of the court bestowed by the Women’s Charter (Singapore, cap 353, 1997 rev ed) (‘Women’s Charter’)3 s 112 to order the ‘just and equitable’ division of matrimonial assets that remain  \n∗  \n†  \n1  \n2  \n3  \nThis article is jointly published with Sydney Law Review (2010, vol. 32, no. 2) .  \nProfessor, Faculty of Law, National University of Singapore. I am grateful for the helpful comments of the anonymous reviewer.  \n[2009] 2 SLR(R) 961 . See Leong Wai Kum,‘Prenuptial Agreement on Division of Matrimonial Assets Subject to Court Scrutiny: TQ v TR and Another Appeal’ [2009] Singapore Journal of Legal Studies 211.  \nFamily lawyers include prenuptial agreements, formed between spouses-to-be, within the general category of marital agreements despite the marriage not being in existence yet in the former group of agreements. In this paper ‘marital agreements’ is used as a general inclusive term to refer to prenuptial as well as postnuptial agreements and of the latter, whether formed when the marriage was functioning, divorce was contemplated or during divorce proceedings, unless specified accordingly.  \nAs amended, in aspects that are largely irrelevant to the discussion below, by the Statutes (Miscellaneous Amendments) (No 2) Act 2005 (Singapore) . The Women’s Charter is the main family statute in Singapore. Its somewhat unusual title traces to its enactment as part of the strategy of national reconstruction that the leading political party knew to require the full participation of women in the economy which the  \n108 Singapore Journal of Legal Studies [2010]  \navailable at the spouses’ divorce. By this decision, the rights and responsibilities of spouses with regard to marital agreements have become more settled.  \nA. Need to Balance Interests  \nThe law regulating marital agreements raises difficult issues. It comprises principles from the common law and statutory provisions: both gathered from at least the law of contract and family law, if not more areas of law. The question: ‘what is the effect of a marital agreement on an application for an order of division of matrimonial assets’is thus deceptively simple and needs to be broken up into more easily handled questions. A plethora of interests are engaged by this question and all of them demand consideration. Should the autonomy of spouses, who are undoubtedly adult persons with the requisite capacity to regulate their own affairs, not be fully respected so that ","cbCaibtWERsUAo1M","https://ap.wps.com/l/cbCaibtWERsUAo1M","pdf",119668,22,"English","# Law Clarified\n## Need to Balance Interests\n# General Legal Regulation of the Relationship between Husband and Wife","[{\"question\":\"What legal principle does Singapore law apply to marital agreements on divorce?\",\"answer\":\"Singapore law upholds the legality of marital agreements unless they undermine the marital relationship, while requiring judicial scrutiny to make just and equitable financial orders between spouses upon divorce.\"},{\"question\":\"How did the Court of Appeal treat prenuptial agreements in TQ v TR and another appeal?\",\"answer\":\"It affirmed the legality of a prenuptial agreement covering division of matrimonial assets upon divorce, treating it as a marital agreement regulated similarly to other agreements during the subsistence of marriage.\"},{\"question\":\"Why does the regulation of marital agreements require balancing interests?\",\"answer\":\"The law must balance spouses’ contractual autonomy against concerns about public policy, potential pressure on a spouse, and whether courts should intervene when agreement terms fall short of what developed law would require.\"}]","THE LAW IN SINGAPORE ON RIGHTS AND RESPONSIBILITIES IN MARITAL AGREEMENTS - Article 107-128 | PDF",1792703424,55]