Unveiling Prenuptial Agreements In Hong Kong With Oldham, Li & Nie

In Hong Kong, the longer you are married, the more likely you may share half of the family assets with your divorced spouse. This is why more couples are now entering into prenuptial agreements with law firms before they’re legally married.

Book a consultation with Stephen Peaker, Pamy Kuo or Ivan Lee to discuss a prenup with your soon-to-be spouse!

Prenuptial agreements don’t bind the courts in Hong Kong, but a properly executed and substantively fair agreement is one factor potentially justifying a departure from a 50:50 division. The courts are now more receptive to upholding prenuptial agreements provided they are reasonable, signed at least 28 days before the marriage, that both parties have given full and frank financial disclosure, and entered into it of their free will having taken full independent legal advice.

Parties are encouraged to freely discuss the terms themselves as active participation in negotiations proves that they are aware of the agreement’s implication, making it harder to go back on their words. However, the courts may not give due weight to a prenuptial agreement if one party signed it under duress, or there is any question of fraud and misrepresentation.

Couples keen to execute a prenuptial agreement want certainty in the unfortunate event of a divorce. Prenuptial agreements can address this issue by setting out clear guidelines for the intended asset division in case of divorce. Such agreements work well with estate planning, as parties can safeguard their pre-marital assets and potential inheritance as separate property over which they retain control.  

Discussing the terms of prenuptial agreements enables couples to have an open, honest communication about their financial situations, responsibilities and goals. However, it may also introduce distrust, stress and resentment caused by the underlying financial disparity between the parties, which is why independent legal advice is vital.

Reach out to Oldham, Li & Nie to discuss your prenuptial arrangements!