Buying a Property in Hong Kong
Prenuptial Agreement in Hong Kong

Legal Significance of Pre-nuptial Agreement to Court in Divorce

When the husband and wife go for a divorce, what the divorce court is envisaged to consider regarding the importance of a pre-nuptial agreement may be as follows. Nevertheless, these are general rules and applicability differs when it comes before different judges. Please consult your lawyer before you make up your mind:

  • whether the Pre-nuptial Agreement has made full disclosure of the assets of the parties. 
  • is the size of the assets significant? The more the assets, the more weight to be given by the court
  • How long the marriage has lasted? The longer the marriage, the less the weight attached by the Court. This is because with the passage of time, the family will more likely have experienced more changes in terms of family composition such as the growing up of children, the sacrifice of the married parties in the course of family commitment, illness, financial and income changes. This does not mean that a short marriage will make a pre-agreement obsolete. The key point is the post-marriage changes to the family. For instance, sudden coming of tragedy to the family out of illness or financial change due to huge investment loss or business loss.