Family Life

Guide To Getting A Prenuptial Agreement In Hong Kong (Pre-Nups)

Your Guide To Prenuptial Agreements In Hong Kong

Prenuptial Agreements In Hong Kong

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.

  • BENEFITS AND TYPES OF PRENUPTIAL AGREEMENTS: The Scoop On Pre-Nups In Hong Kong

    Benefits of Prenups In Hong Kong?

    • Increasing Popularity: Pre-nups have gained traction in Hong Kong over the last five to seven years, moving beyond the stereotype of being for the wealthy.
    • Financial Clarity: They provide certainty about asset division and spousal maintenance, minimizing potential disputes during a divorce.
    • Encourages Financial Discussions: Pre-nups promote open conversations about finances, setting a solid foundation for the marriage.

    Types Of Pre-nups In Hong Kong:

    • Clear-Cut Agreements: Specify ownership of assets, ensuring clarity during divorce.
    • Hollywood-style Prenups: Suitable for couples with significant financial disparities, including provisions for lump sums or property allocations to ensure fair support.
  • WHY GET A PRENUPTIAL AGREEMENT? Prenups 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.

    • Increasing Popularity: Pre-nups have gained traction in Hong Kong over the last five to seven years, moving beyond the stereotype of being for the wealthy.
    • Financial Clarity: They provide certainty about asset division and spousal maintenance, minimizing potential disputes during a divorce.
    • Encourages Financial Discussions: Pre-nups promote open conversations about finances, setting a solid foundation for the marriage.
  • PREPARING: Getting Started with a Prenuptial Agreement In Hong Kong (Pre-Nups)

    How to get started with prenuptial agreements in Hong Kong?  Below are a list of criteria to meet that is helpful!

    Ensuring Validity in Court

    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.

    Location of Signing

    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.

  • DIVORCE? How Can A Prenuptial Agreement Be Helpful In Hong Kong?

    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:

    • Excluded Assets: Common exclusions include premarital assets, inheritances, or gifts from family.
    • Asset Division: Clear terms reduce ambiguity and disputes when it comes time to divide assets.

Where To Find It:​

Additional Info:​

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.

Get in touch:

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