CAN A PRENUPTIAL AGREEMENT BE CHALLENGED DURING A DIVORCE?
Yes, this can be disputed – but the weight the court gives to the marriage contract depends on many factors, including the circumstances in which the marriage contract was entered into, such as whether there was fraud, duress, undue influence or iniquity, Loo explained.
To illustrate how a prenup can be challenged, Han cited a 2021 High Court case involving a couple who had been married for around 16 years.
In that case, Han noted, the High Court judge decided that he would not give “full weight” to the terms of the prenup because there were other factors to consider, such as the individual contributions of husband and wife – whether direct, financial or indirect. – and the needs of their children.
At the end of the day, there’s always value in a prenup, Han said. “In cases where a couple has no children, where there is no question of indirect contributions such as maternal care, such agreements are useful in delineating the line of preservation and ownership of assets.”
WHAT HAPPENS TO PRENUP IF ONE OF THE PARTIES DIES DURING THE MARRIAGE?
In death, a prenup serves no purpose, Han said. In this case, the deceasedThe will or intestate rule (when a person dies without a will) would apply.
Note that this article should not be construed as legal advice.