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Pre-nuptial agreements
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A pre-nuptial agreement is entered between a couple before they marry and contains written terms pertaining to a financial settlement in the eventuality of a divorce.
In some jurisdictions such as the USA and some European countries, such pre-marital contracts are common and enforceable. In a recent Court of Appeal decision, the Singapore Court addressed issues pertaining to a pre-nuptial agreement entered into by a foreign couple that was executed in the Netherlands.
There are some couples who view a pre-nuptial agreement as a means to exclude inherited assets from forming the subject of matrimonial assets to be divided on divorce and other couples who seek prenuptial agreements as a protection from financial loss should the marriage fail. Legal advice is valuable to a party intending to marry who has the aforesaid concerns and who wishes to enter into a pre-nuptial agreement.
If a prenuptial agreement has been signed by a couple, a party contemplating divorce would be advised to seek legal counsel on its validity and enforceability.
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