Prenuptial agreements (pre-nups) and post-nuptial agreements (post-nups) are essential tools for couples considering marriage, especially in today’s complex financial landscape. This article explores the benefits of these agreements, how to get started, and key considerations to ensure they are valid in court.
We chat with Jocelyn Tsao, Managing Director of Withers’ Hong Kong Office all about prenuptial agreements and she shares the tips, benefits, and more for navigating pre-nups in Hong Kong.
Types Of Pre-nups In Hong Kong:
Prenuptial agreements are valuable tools for couples looking to protect their financial interests and encourage open communication about finances. By understanding the benefits, the process for creating a prenup, and the legal requirements, couples can make informed decisions that benefit their future together.
How to get started with prenuptial agreements in Hong Kong? Below are a list of criteria to meet that is helpful!
To be enforceable, prenuptial agreements must meet specific criteria:
Requirement | Details |
---|---|
Timing | Must be signed at least 28 days before the wedding. |
Financial Disclosure | Both parties must fully disclose their financial situations. |
Independent Legal Advice | Each party should have their own legal counsel to avoid conflicts of interest. |
Fair Terms | The agreement should not leave one party in a financially precarious situation. |
The jurisdiction where the prenup is signed should align with the couple's planned residency. If intending to live in Hong Kong, sign there; if relocating soon, sign in that country. Couples planning to move should consult lawyers in both locations.
Prenuptial agreements (pre-nups) are increasingly recognized as a valuable tool for couples planning to marry. These legal contracts can significantly simplify the divorce process by clearly defining each party's rights and responsibilities, ultimately helping to avoid lengthy disputes. Here are two key reasons why pre-nups are helpful:
About the speaker:
Jocelyn Tsao is the managing director of Withers’ Hong Kong office and a partner who leads the Hong Kong divorce and family team. Jocelyn started her family law practice 17 years ago in 2007 and advises on all aspects of matrimonial law including divorce, prenuptial agreements, child care and custody, and financial disputes. She has been recognized as a Leading Lawyer in Doyle’s Hong Kong Family & Divorce Lawyers, Litigation Star in Benchmark Litigation for Family & Matrimonial law, as well as other legal accolades.
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