A Prenuptial Agreement an agreement made between a couple before they marry stating who will get what part of their respective assets if their marriage should fail.

Whether or not you should get a Prenuptial Agreement signed with your spouse and whether or not the Court will enforce it will depend your particular circumstances.

For advice on this, call Lam & Co. at 6535 1800. They can help you.

In the meantime, you should be aware of the case of Wong Kien Keong v Khoo Hoon Eng (See here and here.). Even though that case dealt with a Separation Deed, similar principles apply to Prenuptial Agreements. Under the Separation Deed in that case, the wife would get a certain share of the assets. However, she later applied to Court to set aside (cancel) the Separation Deed. 

Her lawyer argued that she was coerced (forced), abused and/or threatened into signing the agreement. Her lawyer also argued that she was suffering from depression at the time such that she did not fully understand the consequences and risks of signing the agreement, and that she had signed the agreement in the hope of reconciling with her husband. 

The Court after hearing both sides ruled against the wife and rejected all the above arguments and dismissed her application to set aside (cancel) the Separation Deed.

Under the agreement, the wife was supposed to get 34 per cent of the assets. However, she later applied for 60 per cent. The Court decided that even though the Separation Deed was valid and binding, the couple's circumstances were such that the wife was entitled to 40 per cent of the assets.

Thus, it can be seen that even though the Separation Deed was found to be valid and binding, the Court still exercised its power to increase the wife's share of the assets.

Call Lam & Co. now at 6535 1800 for immediate help analyzing your particular situation.

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