A Pre-Marriage Agreement is a crucial document for couples planning to marry who wish to establish clear financial arrangements before their union, particularly relevant in Hong Kong's high-net-worth environment. The agreement is designed to protect both parties' interests by clearly defining property rights, financial obligations, and asset division in case of marriage dissolution. While Hong Kong courts are not bound by these agreements, they generally uphold them if properly executed with both parties having received independent legal advice and made full financial disclosure. The document is particularly important for individuals with substantial assets, business interests, family wealth, or those entering second marriages. The agreement must comply with Hong Kong matrimonial and contract law principles, requiring careful drafting to ensure enforceability.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage and general purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing
5. Full and Frank Disclosure: Acknowledgment of financial disclosure by both parties
6. Separate Property: Definition and treatment of property owned separately by each party
7. Joint Property: Treatment of property acquired jointly during the marriage
8. Financial Obligations: Overview of financial responsibilities during marriage
9. Division of Assets upon Divorce: Agreed methodology for dividing assets if the marriage ends
10. Governing Law: Specification that Hong Kong law governs the agreement
11. Severability: Provision stating that if any part is found invalid, the rest remains enforceable
12. Entire Agreement: Confirmation that this document represents the complete agreement between parties
13. Execution: Signing requirements and witness provisions
1. Existing Children Provisions: Provisions regarding children from previous relationships and inheritance rights
2. Future Children Provisions: Arrangements regarding future children of the marriage
3. Business Interests: Protection of existing or future business interests
4. Overseas Assets: Special provisions for assets held in other jurisdictions
5. Inheritance Rights: Specific provisions regarding inheritance and estate planning
6. Spousal Maintenance: Provisions for ongoing financial support after separation
7. Religious Requirements: Specific provisions related to religious marriage requirements
8. Sunset Clause: Provision for the agreement to expire after a certain period or event
9. Review Mechanism: Provisions for periodic review and potential modification of terms
1. Schedule 1: Assets Schedule: Detailed list of each party's assets at the time of agreement
2. Schedule 2: Liabilities Schedule: Detailed list of each party's liabilities at the time of agreement
3. Schedule 3: Business Interests: Detailed description of business interests owned by either party
4. Schedule 4: Property Schedule: Specific details of real estate owned by either party
5. Appendix A: Financial Disclosure Statements: Comprehensive financial disclosure documents from both parties
6. Appendix B: Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor
7. Appendix C: Valuation Reports: Professional valuations of significant assets if applicable
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