The case concerned the effects of a German marriage contract between German nationals in Hong Kong. The Hong Kong court found that the existence of the German marriage contract and a German separation agreement was clearly a factor to be considered at the husband`s request to support the divorce proceedings in Hong Kong on the grounds of the non-agreed Forum. However, beyond the agreements, the real and essential link between the parties and Hong Kong has been overwhelming. The trial judge did not give reasonable weight to the factors that bind the parties, the marriage and the matrimonial home in Hong Kong and, therefore, the Intermediate Court of Appeal reasonably refused to support the case. The Court of Final Appeal expressly held that the decision of the United Kingdom Supreme Court in Radmacher/Granatino  UKSC 42,  1 A.C. 534 – with qualified effect on marriage contracts – constitutes the right in Hong Kong. However, the Hong Kong court did not clarify Radmacher. A party to the initiative may prefer that a conjugal agreement be entered into before the marriage, in order to protect the family patrimony and to exclude the property and property of the family from the marriage. The other spouse`s family may feel embarrassed or humiliated by such an action. If not tactfully managed, this can lead to a protracted family conflict that can have protracted consequences throughout the marriage.
The key is to structure the rules according to the legal requirements of a pre-marital agreement and to ensure an appropriate provision for the financially weaker spouse in the event of separation. While experts are still debating it, marital agreements in Hong Kong remain a controversial topic among couples who are about to get married. In fact, it can be considered an insult if you or your fiancé educate him. But if you put your emotions aside, it may be worth thinking about if you understand the pros and cons of pre-marriage agreements. According to the definition of a document published by the HK Reform, this is an agreement usually made by men and women before marriage. It defines how their finances will be regulated if they divorce in the future. The newspaper cited the main reason why these pre-marital arrangements are necessary to protect the wealth that the man or woman accumulated while she was single, or even what they accumulated after the marriage. In truth, there seems to be something pessimistic to do. This is probably why Hong Kongers are not enthusiastic. However, there are those who understand the practicality of developing a prenup agreement before tying the knot. This is especially true if you come from a wealthy family or if you are willing to inherit your parents` fortune. Regardless of marital status (single, married, separated or divorced), it is never too late to become aware of one`s own legal rights and set limits to ensure a fair outcome in the event of a relationship breakdown.
Marriage contracts (such as marriage contracts and separation agreements) have become a common way of managing premarital and post-marital relationships.