international family law
Prenuptial and postnuptial agreements can be highly useful for international individuals living in Hong Kong, but they must be carefully drafted by legal professionals with international expertise.
Hong Kong law does not explicitly require courts to consider nuptial agreements when determining the financial consequences of a divorce. Their enforceability depends on the vague standard of “fairness,” making outcomes difficult to predict.
Historically, such agreements were seen as contrary to public policy. That changed with UK rulings—MacLeod v. MacLeod (2008) and Radmacher v. Granatino (2010)—which allowed courts to enforce prenuptial and postnuptial agreements, provided they were fair.
In 2014, Hong Kong’s Court of Final Appeal recognized these principles, confirming that fairness governs the treatment of nuptial agreements in both pre- and post-marital contexts.
The concept of fairness is subjective. For example, in LCYP v. JEK (2019), a prenuptial agreement made in New Jersey was upheld in principle, but disregarded in practice because the husband’s financial success during the marriage changed the perceived fairness of the agreement. The court awarded the wife a lifetime of high-level support despite the agreement.
This case illustrates how outcomes can vary dramatically depending on jurisdiction. For international couples, choosing the appropriate forum for divorce proceedings can have a major impact.