Important Decision on Prenuptial Agreements in Singapore
The Singapore Court of Appeal, in the case of TQ v TR [2009] SGCA 6, has conclusively decided on the enforceability of foreign prenuptial agreements. In the past, Singapore followed the English rule that prenuptial agreements are generally unenforceable. However, more recent developments, both in England as well as in Singapore, have held this rule is outdated and should give way to a principle that prenuptial agreements may be considered, as part of all the circumstances in a case, in a court's determination of what is just and fair. The Singapore Court of Appeal now holds that it will normally enforce foreign prenuptial agreements. The aforementioned case concerns a prenuptial agreement between a Dutch husband and a Swedish wife that was entered into in the Netherlands. In particular, this agreement was prepared by a Dutch civil law notary in the Netherlands. The agreement provided, amongst other things, that "[t]here shall be no community of matrimonial assets whatsoever...