Background
This involved a marriage between a 41-year-old man and a 31-year-old Singaporean woman. The couple got married in Dec 2019. The couple signed a pre-nuptial deed a day before their marriage in December. The birth of their daughter is in the same month.
Extract of the pre-nuptial deed:
"The mother shall have a joint responsibility to contribute to the said maintenance of the daughter based on her assets and means and both parties will also contribute to the maintenance of the daughter".
The sum of $4,888.67 was ordered for the daughter’s monthly expenses, such as accommodation, household, personal goods, domestic helper’s salary, levy, and living expenses. The amount was apportioned between the father and mother in the proportion 65:35. However, the mother appealed that the maintenance should be apportioned using a ratio of their assets and means, as agreed between parties at the ratio of 90:10, with the father to bear the higher proportion.
Although the clause that the mother refers to explicitly states that they apply in the event of a termination of a marriage, the father says that the pre-nuptial deed's clauses are irrelevant as the deed does not reflect the apportionment of maintenance.
Findings
According to Section 68 of the Women’s Charter, both parents have a duty to maintain or contribute to the maintenance of their children, having regard to their means and station in life. Therefore, although the pre-nuptial deed does not set out the proportion that each party must bear, it is no doubt that both parties must contribute to maintaining the daughter.
The court did not limit his consideration to the parties’ incomes but also their financial resources and capabilities. In this case, the father owns more assets than the mother. At the same time, the mother has demonstrated substantial earning capacity. As such, it would be fair for the couple to continue contributing to the daughter’s maintenance in the ratio of 65:35.
Learning Point
Although the court may refer to your pre-nuptial agreement, they are not bound to follow the agreement when deciding on maintenance issues.
When drafting a pre-nuptial agreement, it is essential to ensure that the terms in your agreement align with the policies and provisions of the Woman’s Charter. This can ensure that your agreement is upheld and enforceable by the court.
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