Is pre-nuptial agreement enforceable in Singapore?

What the Law Says

The Women's Charter is the primary law governing divorce and division of assets in Singapore. It does not recognise pre-nuptial agreements as legally binding contracts that restrict or override the court’s authority.

Under section 112 of the Women's Charter, the court must divide matrimonial assets 'in such proportions as the court thinks just and equitable'. This power is mandatory and cannot be ousted by private agreement between spouses.

The law gives the court wide discretion to consider all relevant circumstances — including each party’s financial and non-financial contributions, the needs of any children, and the duration of the marriage — when deciding how to split assets.

Because the court’s duty under s. 112 is statutory and overriding, a pre-nuptial agreement — even if signed voluntarily and with legal advice — cannot prevent the court from making its own independent assessment of fairness.

Statutory Text

The court shall, in proceedings for divorce... have power to order the division between the parties of the matrimonial assets... in such proportions as the court thinks just and equitable.

— Women's Charter, s. 112 — Power of court to order division of matrimonial assets

What to Do

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