Prenuptial Agreement Hk

The agreement can last two to three weeks before being finalized, with both parties talking about the terms of the agreement. You can negotiate or challenge a clause if you are not satisfied. Take yourself as long as you want, even if you are the one who is financially weaker. In family disputes and modern settlement procedures, fairness is the stumbling block and a marital agreement takes effect when „each party fully implements its involvement, unless, in the prevailing circumstances, it is not fair to respect the agreement of the parties“ (Radmacher/Granatino[2011] 1 AC 534). For example, if a party did not disclose in full and openly prior to the signing of the pre-marriage contract and the woman remains without resources under the agreement, the agreement may be contrary to public policy. Another example could be that the financial situation of the parties may have changed dramatically (for better or worse) since the conclusion of the marriage, so that what was originally agreed under the premarital agreement might not be „fair“ or reflect the standard of living of the parties during the marriage. How can you start a pre-marriage agreement with the other spouse? While it seems to be a buffer of what still seems a romantic phase in your life, you need to start considering the possibility that this might be something you need before you get married. Once you understand the facts, you can sit down and chat with your fiancĂ© if you need a pre-marital agreement before the big wedding date. There are certain guiding principles that are applied by the court with respect to the weight that must be given to a conjugal agreement and, in view of these principles, it is likely that such an agreement will be further put forward if: subsequently, in the Radmachner case, the British court found that pre-marital agreements are not contrary to public policy. However, this view has only convincing value in Hong Kong.

In addition, pre-marriage agreements cannot prevent the parties from seeking injunctions from the court for financial arrangements. Today, it is common for rich people to enter into marital agreements. Engaged couples, who are or become members of wealthy families, are often required by their parents to enter into marital agreements to protect not only the interests and property of couples, but also those of their families.