Publication Type
Blog Post
Version
publishedVersion
Publication Date
8-2014
Abstract
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that given the context in which the agreement was made, the agreement should not only be given significant weight but conclusive weight and full effect. The reasoning and implications of the Court of Appeal’s decision will be considered in greater detail here.
Discipline
Asian Studies | Family Law
Research Areas
Public Interest Law, Community and Social Justice
Publication
Singapore Law Blog
First Page
1
Last Page
3
Publisher
Singapore Law Blog
Citation
CHEN, Siyuan.
Mediated Postnuptial Agreements and Ancillary Matters. (2014). Singapore Law Blog. 1-3.
Available at: https://ink.library.smu.edu.sg/sol_research/1309
Copyright Owner and License
Author
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://www.singaporelawblog.sg/blog/article/45