4 things to know on how assets are divided when couples divorce in Singapore

Prenuptial agreements are not enforceable in Singapore, but couples need not resort to such contracts because assets that are acquired before marriage are usually not up for sharing.

- Tan Ooi Boon

Many people are familiar with “prenups” because such terms are usually mentioned in American TV series or movies involving wealthy people who make their future spouses sign such contracts so that the bulk of their assets is off-limits should they split later.

In Singapore, rules governing the division of assets are found in the Women’s Charter, which empowers the courts to divide matrimonial assets in such proportions that are “just and equitable”.

What this means is that even if couples here have signed their own prenups, they will not be bound by the terms as the courts have the final say on how assets of divorcing spouses should be divided.

Here are four things you should know on how assets of divorcing spouses are treated.

1 ALL ASSETS INCLUDED UNLESS PROVEN OTHERWISE

When a marriage is dissolved, the assets of both parties will usually be treated as matrimonial assets unless a party is able to prove that a particular asset was either not acquired during the marriage or was given as a gift or inheritance, which means it is not a matrimonial asset.

The party who asserts that an asset is not a matrimonial asset bears the burden of proving this.