The Law in Singapore on Rights and Responsibilities in Marital Agreements
Leong Wai Kum
Citation: [2010] Sing JLS 107
People, 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.