sticy issues on marriage and divorce



ORIGINAL POST
Posted by pjm00 13 yrs ago
not married yet to HK girl but having been through it before ( in Oz) so.....just looking for some advice on whether it would be more prudent to marry in Australia or Hong Kong. In the hopefully ( unlikely ) event of things not working out where would I expect to get a fairer settlement? friend advised his mate married in Korea and lost 85% of all assets ( after 3 years) even though there was equal input into the joint pool.

assume things are different in HK and also depends on mutual agreement. my partner is open to a pre-nup.

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COMMENTS
cookie09 13 yrs ago
marriage location doesnt matter at all. it only counts to where the divorce is filed first

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CaptDave 13 yrs ago
cookie09 is correct.

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aventino68 13 yrs ago
Cookie09 is talking rubbish, so is CaptDave. Unless the law has changed in the past 3 years. Best to pay money and talk to a lawyer. For HKG it doesn't matter where divorce is filed first. Should divorce arise and it is filed in two different countries then it is up to the legal system of the two countries to decide where divorce proceedings should be recognised. This usually comes down to place of domicile, which isn't necessarily where you were born, or currently reside but in theory where you intend to stay in the future. However it is a very widely interpreted term and even deciding domicile can be difficult.


Only know because divorced in HKG but both of us from other different countries. Do you want some links?


Prenups are worthless in HKG, once you get past the 3-5 year mark (entirely decided by the judge) everything goes into the pot. There are big changes afoot in the HKG system regarding the financial split in a divorce but thats where it stands at the moment AFAIK.


Got assets you want to protect then give them to your parents or someone you can trust.



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pjm00 13 yrs ago
thanks aventino68

can you point me to some links? and give me an idea ( if you know) of what changes may be on there way in HK. I assume it means it will be harder for a non PR to get their assets out of the country. i.e. if I buy apartment with HK R wife then good chance decision will favour her financially even though I put up almost all the $$ for the apartment? Am i on the right track or just paranoid?

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