Stick to British rules, says lawyer

PUBLISHED : Monday, 09 April, 2007, 12:00am
UPDATED : Monday, 09 April, 2007, 12:00am

There are no established rules to dictate how a prenuptial agreement should be drafted in Hong Kong.

But lawyer Jonathan Mok Chi-ying advises couples to follow the British guidelines in order to ensure it is taken seriously by both local and overseas jurisdictions.

Full and frank disclosure: a detailed financial statement from each party should be attached to the agreement.

Agreement must be signed at least 21 days before the wedding date to avoid the courts applying undue pressure.

Absence of duress: a provision should be included in the agreement stating that it is made according to their own free will.

Independent legal advice: each party should retain separate legal counsel to explain to them their obligations, rights and alternatives.

Jurisdiction of the court: a provision should be included to state that the contract has no intention to restrict the power of the court to make orders in case of separation or divorce.

Change of circumstances provision: a provision should be inserted to address the consequence of material change of circumstances, such as the birth of a child.