Pre Divorce Agreement for Singapore

Pre Divorce Agreement Template for Singapore

A Pre-Divorce Agreement in Singapore is a legally binding document that outlines the terms and conditions agreed upon by both spouses before initiating formal divorce proceedings. It is governed by the Women's Charter (Chapter 353) and, where applicable, the Administration of Muslim Law Act. The agreement covers crucial aspects including asset division, maintenance obligations, child custody arrangements, and financial settlements, while adhering to Singapore's family law framework.

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What is a Pre Divorce Agreement?

A Pre-Divorce Agreement serves as a preliminary arrangement between spouses who are contemplating divorce in Singapore. This document is particularly useful when parties wish to establish clear terms before proceeding with formal divorce proceedings. It typically addresses critical matters such as asset division, maintenance, child custody, and financial arrangements, all within the framework of Singapore's family law system, particularly the Women's Charter. While not mandatory, a Pre-Divorce Agreement can significantly streamline the subsequent divorce process and reduce potential conflicts. The agreement must comply with Singapore's legal requirements and can be referenced during formal divorce proceedings.

What sections should be included in a Pre Divorce Agreement?

1. Parties: Identification and details of both spouses entering the agreement

2. Background: Brief history of marriage, current situation, and purpose of agreement

3. Definitions: Key terms used tHRoughout the agreement

4. Division of Matrimonial Assets: Detailed arrangement for division of property, investments, and other assets acquired during marriage

5. Financial Arrangements: Details of monetary settlements, including CPF allocations and joint accounts

6. Children Arrangements: Care and control, access arrangements, and education decisions for children

7. Maintenance Provisions: Terms for spousal and child maintenance payments

What sections are optional to include in a Pre Divorce Agreement?

1. Religious Considerations: Special provisions if parties are Muslim or require religious considerations

2. Business Interests: Division or management of joint business interests

3. Overseas Assets: Treatment of assets located outside Singapore

4. Pet Arrangements: Custody and care arrangements for family pets

What schedules should be included in a Pre Divorce Agreement?

1. Schedule of Assets: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule of Debts: List of all joint and individual debts and their treatment

3. Children's Schedule: Detailed access and care arrangements, including holiday schedules

4. Maintenance Schedule: Payment amounts, dates, and methods for all maintenance obligations

5. Property Valuation Reports: Professional valuations of significant assets

6. CPF Statements: Current CPF account statements for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Women's Charter (Chapter 353): Primary legislation governing marriage and divorce in Singapore, particularly sections 112 (Division of matrimonial assets), 113 (Power to order maintenance), and 114 (Assessment of maintenance)

Administration of Muslim Law Act (AMLA): Specific legislation applicable if either party is Muslim, as Muslim divorces fall under different jurisdiction

Matrimonial Assets Provisions: Defined under Section 112(10) of Women's Charter, covering assets acquired during marriage, assets used by family, and treatment of pre-marriage assets

Guardianship & Custody of Infants Act: Legislation governing child-related matters including care and control arrangements, access arrangements, and maintenance obligations

Maintenance Regulations: Legal framework covering spousal maintenance, child maintenance, and enforcement of maintenance orders

Central Provident Fund (CPF) Rules: Regulations governing the treatment of CPF monies and CPF nomination rules in divorce proceedings

Mediation Requirements: mandatory mediation requirements under Family Justice Courts that must be fulfilled during divorce proceedings

Court Oversight Provisions: Legal principles allowing courts to reject agreements that are against public policy, unfair to either party, or not in the best interests of any children involved

Teams

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