Should you get a prenup? More Hong Kong couples opting in before marriage to avoid divorce ‘war’ amid high separation rate
- Lawyers say most clients are wealthy residents seeking to protect their assets before marriage, likening such moves to buying life insurance
- Couples need more preparation for marriage, but few are drawn to available courses, counsellors say
Hong Kong family lawyer Jocelyn Tsao dropped all romantic notions of marriage after witnessing hundreds of divorcing couples quarrel bitterly over money, assets and access to children.
“Getting married does not mean your partner will stay with you forever. There is no guarantee,” said the 40-year-old who has been practising law since 2009.
So before marrying an Italian architect two years ago, she insisted that they signed a prenuptial agreement.
Both the same age and financially independent, they agreed in general to divide jointly owned assets and keep their own if they went their separate ways.
She said her husband was a good man and she could not imagine him being disloyal, but she had dealt with many women who divorced men they thought would never betray them.
“I have to be prepared,” Tsao said. “A good prenuptial agreement can narrow the space to be disputed and shorten the divorce process.”
Tsao and her husband are among an increasing number of couples opting for a prenuptial agreement amid a relatively high divorce rate of about 2.5 per 1,000 population over the past decade.
