Use of preliminary and post-European agreements that have been settled in Hong Kong courts. Many military families are mixed, with children of elders. A marriage contract can recognize these children from other relationships and support them financially. This does not divide the children of your new Union as second-class citizens; It simply protects the little ones that are already part of your heart. Whether you have opted for an agreement or at the request of family members, trustees or co-shareholders, a pre-marital agreement (such as pre-stal partnerships and post-marriage agreements) can save a lot of stress, litigation and future legal costs if the relationship breaks down. We have enormous experience in developing and negotiating these agreements, whether they have a multi-skilled scope or only one country. A pioneering divorce case in Hong Kong concerned preliminary and post-agreement German agreements. The case confirmed that the principles set out in the English Supreme Court cyclists` case with respect to marriage contracts would be an appropriate precedent for the Hong Kong courts and that, had they fully understood the effects, the parties would most likely be bound by their agreements.
When you make a marriage pact, every aspect of the agreement must be given personal attention, because what is right for one person may not be done for another person. It is essential to know how to legally protect your rights to ensure that you can leave when the union ends in divorce custody. As one of you, or perhaps both, could be deployed, it can be much easier for you to give yourself authority (POA) for certain life events. With POA, your spouse can deposit your taxes, organize and sign credits that benefit you and monitor your finances. In particular, the discussion of the POA in a marital agreement will leave no doubt when the temporary power ends; it should end if you both agree to part, so it can`t empty your accounts or ruin your credit history.
Sharon Ser led the groundbreaking SPH/SA case, which went to the Hong Kong Court of Final Appeal on marriage and separation agreements, leading to the realization that marital agreements had to be enforceable in Hong Kong. In addition to our enormous experience in the development of marriage contracts, we have also been involved in cases where such agreements have been reviewed by the courts. For example, the influential Crossley case (2007) in which the court ruled in favour of our client that prenup was the magnetic factor in the case; and Z v (2011) in which the court allowed our client`s claim to trust a separate French pre-marital contract by limiting the price of divorce to the needs of the other spouse, instead of ordering a fair division of property. Brett Frankle acted for the husband in this case where two French citizens lived in London. For a marriage agreement to be valid, you and your future spouse must disclose all financial information. This includes the value of your assets and commitments. This must be done so that both parties fully understand the effects of the agreement. A military marriage agreement can even be detailed enough to define the divorce process, how in whom will go and who will remain, who will contact a lawyer and what type of divorce is sought (probably, no fault, etc.). The more the cold realities of such a step are described, the calmer and calm the process will be if it is inevitable. Military divorce is particularly difficult, so the more planning, the better for both of them.
A marital agreement can also describe in detail the exact closure of the marriage, without any question remaining as to who is responsible for which mission: a military marriage is more than any other. It combines duty and romance, freedom and finance. Many zealous young couples with one or both of the love birds that serve our country don`t even think about a marriage deal.