Prenuptial Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Prenuptial Agreement

"I need a Prenuptial Agreement under Hong Kong law for a marriage planned for March 2025, where one party owns multiple businesses in Hong Kong and mainland China, and we need robust provisions for business asset protection and future expansion plans."

Document background
A Prenuptial Agreement is a crucial legal document for couples planning to marry in Hong Kong, particularly those with substantial assets, business interests, or complex financial arrangements. While Hong Kong law doesn't have specific legislation governing prenuptial agreements, courts generally respect these agreements if they are properly executed, with both parties receiving independent legal advice and making full financial disclosure. The document typically includes detailed provisions about separate and marital property, asset division, spousal support, and specific arrangements for business interests or inherited wealth. It's particularly important for high-net-worth individuals, family business owners, or those entering second marriages. The agreement must comply with Hong Kong legal principles and should be executed well in advance of the marriage to demonstrate absence of duress.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Effective Date and Duration: When the agreement takes effect and its duration

5. Separate Property: Definition and treatment of property owned separately by each party

6. Marital Property: Definition and treatment of property acquired during marriage

7. Financial Disclosure: Declarations of assets, liabilities, and financial circumstances of both parties

8. Rights and Obligations: General rights and obligations of both parties during marriage

9. Division of Property Upon Divorce: Agreed arrangements for property division in case of divorce

10. Spousal Support: Provisions regarding alimony or maintenance in case of separation or divorce

11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

12. Amendment and Termination: Provisions for modifying or terminating the agreement

13. Severability: Clause ensuring remainder of agreement stays valid if any part is found unenforceable

14. Execution: Signing requirements and attestation provisions

Optional Sections

1. Business Interests: Provisions dealing with existing or future business ownership and management

2. Inheritance and Gifts: Treatment of inherited assets or gifts received during marriage

3. International Assets: Specific provisions for assets held in other jurisdictions

4. Children's Provisions: General principles regarding future children's financial arrangements

5. Death Provisions: Arrangements in case of death of either party

6. Debt Allocation: Specific provisions for handling pre-existing or future debts

7. Cultural or Religious Requirements: Specific provisions related to cultural or religious obligations

8. Confidentiality: Provisions regarding privacy and disclosure of agreement terms

9. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed list of first party's assets and their values at time of agreement

2. Schedule B - Assets of Second Party: Detailed list of second party's assets and their values at time of agreement

3. Schedule C - Liabilities of First Party: Detailed list of first party's debts and obligations

4. Schedule D - Liabilities of Second Party: Detailed list of second party's debts and obligations

5. Schedule E - Agreed Division of Specific Assets: Specific arrangements for particular assets or categories of assets

6. Appendix 1 - Financial Disclosure Statements: Detailed financial statements from both parties

7. Appendix 2 - Certificates of Independent Legal Advice: Confirmations that both parties received independent legal advice

8. Appendix 3 - Valuation Reports: Professional valuations of significant assets if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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