In a recent ruling by the High Court, a postnuptial agreement between a business tycoon and his Singaporean wife has been deemed valid. This agreement, made just a month after their marriage in August 1997, notably permits the husband to maintain a mistress during their marriage.
The ruling, delivered by Justice Evrol Mariette Peters, emphasizes the voluntary nature of the wife's consent to this arrangement, underlining that such agreements hold legal recognition under Section 56 of the Law Reform (Marriage and Divorce) Act 1976.
The wife, known as HLC, contested the enforceability of the agreement during divorce proceedings, arguing that she signed it under ignorance and duress. However, Justice Peters dismissed this argument, highlighting that the wife signed the agreement in the presence of witnesses and initialed every page. Additionally, the court revealed that the wife, already a mother of one from a previous marriage, went on to have five children with her husband, known as PTL.
A significant clause of the agreement permitted the husband, who possessed substantial business interests and property in Terengganu, to maintain a mistress at any given time. Despite the wife's departure from the matrimonial home in 2020, citing her husband's adultery and unreasonable behavior, the court upheld the validity of this clause, emphasizing that the husband's actions did not violate any laws.
Regarding the breakdown of the marriage, the court acknowledged the wife's claim of adultery but noted her tolerance of her husband's infidelity throughout the marriage. Consequently, the court granted the divorce, ruling that the marriage had run its natural course. Justice Peters highlighted the wife's initial motivation for financial stability and the husband's sense of duty rather than genuine affection for the union.
Despite the granting of divorce, the court addressed issues of maintenance and distribution of matrimonial assets. The husband was ordered to pay RM10,000 for spousal maintenance and an additional RM6,000 for the upkeep of two children. Furthermore, the court distributed immovable properties, vehicles, money, and shares in companies between the parties.
In a crucial aspect, the court rejected the wife's claim for damages from a co-respondent, GEN, due to lack of evidence of adultery. Both parties were represented by legal counsel throughout the proceedings, with lawyers M Kamalam and Eugene Teo representing the wife, and Lee Sok Wah and Nur Amira Hidayah Razali appearing for the husband and co-respondent, respectively.
In conclusion, the ruling underscores the legal validity of postnuptial agreements and the importance of voluntary consent in such arrangements. It also highlights the court's role in addressing issues of marriage breakdown, maintenance, and asset distribution with fairness and consideration of the circumstances.
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