best way of protecting my assests from my spouse to be?

l will be getting married to my spouse who l love. but there is quite a discrepancy in our assets as my family have got a very successful buisness. What would a knowledgeable and intelligent person do, other than not marry ?

You should consider several options:


1) a pre-nuptial agreement, though not absolutely binding in Hong Kong IS evidence of your joint intention; your wife to be should receive independent legal advice before signing this;


2) consider a trust arrangement for all or part of your major assets before marriage and discuss and have your fiancée acknowledge this BEFORE marriage;


3) consider a Pension Plan in Hong Kong to which you can make TAX FREE contributions and you can contribute without tax ANY asset; the growth and income from said assets will accumulate within the Pension....unlike a trust the Pension cannot be broken by prying spouses....


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

Sorry Wier and Assocs. A prenup has NO standing in HK and in the event of a divorce all the assets are live, including a trust agreement and pension plan, whether she signed anything or not!


Stems back to the authority of the court in these matters...


Get married in the USA and get a prenup there. Get divorced in the USA, keep your assets there - or better still - dont get married. remember it is for better and for worse and accept the consequences. And if you have children do what i have done - my house (she got the nice one) in HK and overseas property - in trust for my kids! not me nor my ex! with me as sole manager and now all leased to another company for 50 years under my control! Will states they have th einterest in the company when i die.


Sorry but if you are building a life in HK she is rightly entitled to maintenance at the standard she or he becomes acustomed to and a division (ususally 50%) of assets etc developed whilst you were together. Prior to that should not be considered but the other side will go after it anyways. And the costs...


Welcome to the lottery!


and what is the stuff of IP lawyers advertising and advising on this site - official capacity? Thought Weirs were mainly corporate/IP? famous for their work aswell! Must be the downturn! (Only teasing mr. lawyer)

If you re-read the reply above Weir did not say a pre-nup would 'protect' you - they indicated this was one of a number of things you should do to 'protect' yourself.


Weir & Associates are not an IP firm - they are a full services law firm.

It sound that Kumander have some problems?

Any law firm that is willing to post free legal advice on this forum is more than welcome...