The Civil Wedding Prenup is a crucial document for couples planning to marry in Hong Kong who wish to establish clear financial arrangements and protect their assets before marriage. It is particularly relevant for high-net-worth individuals, business owners, or those with significant family wealth. While Hong Kong courts are not bound by prenuptial agreements, they generally give substantial weight to properly executed agreements that meet fairness criteria and legal requirements. The document typically includes comprehensive asset schedules, financial obligations, property division arrangements, and provisions for various scenarios during marriage and potential dissolution. It must comply with Hong Kong matrimonial law principles and should be prepared well in advance of the wedding to avoid claims of duress. Both parties must receive independent legal advice and make full financial disclosure for the agreement to be considered valid.
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1. Parties: Identification and details of both parties entering into the prenuptial agreement
2. Background: Context of the agreement, including the intended marriage and purpose of the prenup
3. Definitions: Definitions of key terms used throughout the agreement
4. Interpretation: Rules for interpreting the agreement, including governing law clause
5. Effective Date and Duration: When the agreement takes effect and how long it remains valid
6. Separate Property: Definition and treatment of property owned by each party before marriage
7. Marital Property: Treatment of property acquired during marriage
8. Financial Obligations: Financial responsibilities and arrangements during marriage
9. Division of Assets Upon Divorce: How assets will be divided if the marriage ends
10. Debts and Liabilities: Treatment of existing and future debts
11. Full Disclosure: Acknowledgment of financial disclosure by both parties
12. Legal Advice: Confirmation that both parties received independent legal advice
13. Severability: Provision ensuring partial invalidity doesn't void entire agreement
14. Entire Agreement: Confirmation that this document represents the complete agreement
15. Execution: Signature requirements and witnessing provisions
1. Business Interests: Protection of business assets and operations - include when either party owns a business
2. Inheritance and Gifts: Treatment of inherited assets or anticipated inheritances - include when significant inheritance is expected
3. Intellectual Property Rights: Protection of intellectual property - include for professionals or creators
4. Children from Previous Marriages: Provisions regarding existing children - include when either party has children from previous relationships
5. Future Children: Provisions regarding future children - include when parties want to address future family planning
6. Religious Requirements: Specific religious obligations or considerations - include for couples with religious requirements
7. Foreign Assets: Treatment of overseas property and assets - include when either party has foreign assets
8. Spousal Support: Provisions for alimony or maintenance - include when parties want to address potential future support
9. Retirement Benefits: Treatment of pension and retirement accounts - include for older couples or those with significant retirement assets
10. Insurance Policies: Provisions regarding life and health insurance - include when significant insurance policies exist
1. Schedule A - Assets of First Party: Detailed list of first party's pre-marital assets including property, investments, and valuables
2. Schedule B - Assets of Second Party: Detailed list of second party's pre-marital assets including property, investments, and valuables
3. Schedule C - Joint Assets: List of any existing joint assets and agreed treatment
4. Schedule D - Business Interests: Detailed description of business interests and their agreed treatment
5. Schedule E - Debts and Liabilities: List of existing debts and liabilities of both parties
6. Appendix 1 - Financial Disclosure Statements: Sworn financial statements from both parties
7. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates from legal advisors for both parties
8. Appendix 3 - Valuation Reports: Professional valuations of significant assets where applicable
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