Prenuptial Agreement in Hong Kong

A prenuptial agreement in Hong Kong is commonly abbreviated to prenup or prenupt.

A prenuptial agreement  is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. In the situation of Hong Kong, we mean 'prior to marriage".

Objectives

  • to cut huge legal fees in disputes that can last for years
  • save parties from mental trauma in litigation
  • resolve financial issues more easily
  • reduce chance of personal attacks which hurt both parties
  • option to deal with marital relation

Content of Prenuptial Agreement

The content of a prenuptial agreement can vary widely, but commonly includes:

  • division of property and 
  • spousal support in the event of divorce or breakup of marriage
  • terms for the forfeiture of assets as a result of divorce on the grounds of adultery
  • conditions of guardianship 

In some countries, including the Netherlands, the prenuptial agreement not only provides for the event of a divorce, but also to protect some property during the marriage, for instance in case of a bankruptcy. Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or some cases, in lieu of prenuptial agreements.

Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married.

 


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. 

Matrimonial Proceedings: Divorce, Maintenance & Child Custody

In Hong Kong matrimomial legal proceedings include divorce, maintenance, child custody and adjustment on matrimonial properties or assets. Contentious proceedings are dealt by the Family Court, Hong Kong.

We provide matrimonial clients with our complete attention and act quickly in response to their legal needs. We have a team of lawyers who are skilled and experienced in Hong Kong matrimonial legal matters: divorce, maintenance and child custody. 

We are also able to give legal advice on financial settlements and/or children issues. In the break-up of relationships, we offer a complete legal service including:

  • divorce (contentious or non-contentious)
  • separation 
  • maintenance to spouse or children
  • child custody and access. 

We welcome your phone call or e-mail enquiry.