CAN The PRENUPTIAL AGREEMENT END UP BEING CONTESTED DURING SEPARATION AND DIVORCE?
Indeed, it can be contested – but the amount of bodyweight the court provides to the prenup depends upon many factors, such as the circumstances under which the prenup was entered into, such as whether there was clearly fraud, duress, undue influence or unconscionability, explained Loo.
To illustrate how a prenup can be contested, Han cited a high courtroom case in 2021 involving a couple who was simply married for about 16 years.
In this instance, Han noted, the High Court judge made a decision that it would not give “full weight” towards the terms of the prenup simply because there were other factors to think about, such as the husband plus wife’s individual efforts – whether immediate, financial or indirect – and the requirements of their children.
At the end of the day, there’s always value in a prenup, said Han. “In cases where a few has no children, high is no question associated with indirect contributions like maternal care, such agreements are useful to delineate the line for the preservation and ownership of assets. ”
WHAT HAPPENS TO THE PRENUP IN THE EVENT THAT EITHER PARTY PASSES AWAY DURING THE MARRIAGE?
In death, a prenup is of no use, said Han. In this case, the deceased ’s will or even rule of intestacy (when a person dies without a will) might apply.
Do note that this informative article should not be construed because legal advice.