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Prenuptial Agreements In HongKong

HONG KONG

It is unclear to what extent prenuptial agreements are effective under Hong Kong law. Section 7 of Hong Kong’s Matrimonial Proceedings and Property Ordinance (“MPPO”) sets forth the relevant factors to be considered by a court in resolving the financial issues between divorcing spouses, These factors do not include an agreement between the parties. Certainly prenuptial agreements in Hong Kong are not required to be enforced but if both parties were represented by counsel when they were signed, and if the documents were signed long before the actual wedding date, they may then be of significant evidentiary significance.

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