Agreements and certificates · Prenuptial agreement

Prenuptial agreement

Talk it through before the wedding, and feel more secure after it.

Property you own before marriage, a deposit your parents helped with, a family business, an inheritance you expect: whatever you want to do about these, we will write it into a clear, fair prenuptial agreement. A court will give weight to an agreement only if it is fair, fully disclosed and signed willingly by both of you.

See what the agreement should coverFees at a glance
Scroll down
What the agreement covers

The six parts of a prenuptial agreement

Every couple is different, but a clear prenuptial agreement usually covers the six parts below. You can leave out any that do not apply.

  1. 01 Part 1 / 6

    Property each of you owns before marriage

    What to write

    Property, savings, investments and company shares held in each person’s own name before the marriage remain with the original owner after the marriage.

    Most often left out

    It says only “property owned before marriage stays with each person”, with no list attached. Ten years on, it is hard to prove what you already owned.

  2. 02 Part 2 / 6

    Inherited and gifted property

    What to write

    Whether property or an estate left by parents later, or gifts from relatives and friends, belongs to the person who receives it.

    Most often left out

    Only current assets were listed, and nothing was said about what is inherited or received later.

  3. 03 Part 3 / 6

    Property you buy together after marriage

    What to write

    Who pays the deposit and the instalments, how ownership is split, and what happens if you part.

    Most often left out

    The deposit was paid from savings made before the marriage or from your parents, but nothing says it can be taken back first later.

  4. 04 Part 4 / 6

    Family business and company shares

    What to write

    For a business owned before the marriage or held by the family: who owns the shares, and how any increase in value after the marriage is worked out.

    Most often left out

    It says who owns the shares, but not whether growth after the marriage counts.

  5. 05 Part 5 / 6

    Maintenance if you part

    What to write

    Whether spousal maintenance is paid if you part, and how; the children’s needs are looked after separately.

    Most often left out

    Assuming that writing “no claims against each other” is bound to work. A court may ignore an arrangement that is clearly unfair to one side.

    How maintenance is calculated
  6. 06 Part 6 / 6

    Asset list, review and signing

    What to write

    Both of you attach a full list of assets, agree to review the agreement together after having children or after a set number of years of marriage, and sign after each getting legal advice.

    Most often left out

    There is no review clause. Ten years later your lives are completely different, but the agreement is still stuck on your wedding day.

An agreement stands on firm ground when it is fair, fully disclosed and entered into voluntarily by both.

Fees at a glance

Fees, explained in one go.

500+ clients servedReply within three hours

Every case starts with a free 30-minute first consultation, with no commitment. All fees are listed before you engage us. There are no hidden costs.

From

Quoted per case

Quoted according to both sides’ assets and the parts to be written. All fees are set out before you engage us, and the same dedicated consultant handles it from the asset list to signing.

  • The parts to be written, listed to suit your situation
  • Draft the agreement, in Chinese or English
  • Both of you go through it clause by clause, revising until you are satisfied
  • Organising both sides’ asset lists
  • A review clause (after having children, buying a home, or a set number of years of marriage)
  • Guidance on signing arrangements and witnessing
  • Guidance on later amendments or supplementary agreements
  • Unlimited phone enquiries (Cantonese / Mandarin / English)

Each side’s own solicitor’s fees and out-of-pocket costs such as property valuations are charged separately, and set out before you engage us.

How it is written

The five most common drafting mistakes

One vague word can become a lawsuit later. On the left is the common wording; on the right is how we would write it.

Line illustration: an asset list with index tabs and ticked boxes

Checklist

Usual wording

“Property owned by each of us before the marriage stays with each of us.”

How we would write it

“Schedules 1 and 2 list all the properties, deposits, investments and shares in each person’s name on the day of signing. These assets, and any future income from them, belong to the original owner.”

Why it matters Without a list, it is hard to prove later what was owned before the marriage.

Line illustration: a model house and a key, with a separate pile of coins beside them

Down payment

Usual wording

“Property bought after the marriage is owned jointly.”

How we would write it

“When property bought after the marriage is sold, the deposit is first repaid to the person who paid it, and the balance is divided in proportion to each person’s contributions.”

Why it matters The deposit is often the biggest sum. If it is not written down, a court will have to decide later how to divide it.

Line illustration: a share certificate beside a rising bar chart and a sprouting plant

Business

Usual wording

“The husband’s company belongs to the husband.”

How we would write it

“The shares in the company held by the husband on the day of signing, together with any increase in their value after the marriage, belong to the husband. The wife agrees not to make any claim against the company.”

Why it matters If it says only “the company belongs to the husband”, whether growth after the marriage counts becomes a dispute.

Line illustration: a document inside circular arrows, with a torn-off calendar page beside it

Review

Usual wording

(The agreement has no review clause)

How we would write it

“If we have children, or have been married for five years, we must review this agreement together and amend it to suit our circumstances at that time.”

Why it matters The more your lives change, the easier it is for the agreement to be called unfair. Regular reviews keep it in step with your life.

Line illustration: an open folder with papers spread out, and a passbook and a statement beside it

Disclosure

Usual wording

“Each of us knows the other’s financial position.”

How we would write it

“Each of us confirms that we have fully disclosed to the other all the assets, income and debts listed in the schedules, and that we have each obtained independent legal advice.”

Why it matters Without full disclosure, or if one side had no legal advice, the agreement is easily overturned.

1 / 5
A dedicated consultant in a bottle-green suit, holding a small notebook, one hand open, listening closely
Not agreed yet?

Haven’t even raised it yet,you can still come to us

Not every couple has talked it through. Pick the situation closest to yours:

Already agreed

What to do

We write your shared understanding into an agreement, attach both sides’ asset lists, and arrange for you both to sign.

What to prepare

Both of your ID documents, plus details of your properties, deposits, investments, shares and debts.

Things to note

It is best to sign four weeks or more before the wedding, to avoid any claim that one side signed under pressure.

One or two items left

What to do

We first write down what has been agreed, then list the items not yet settled and the usual approaches to them, so you have concrete options to discuss.

What to prepare

The one or two things each of you cares about most.

Things to note

Items not yet agreed can be left out for now, or put into a later review clause.

Not sure how to raise it

What to do

Start with a free 30-minute consultation, just you, to learn what an agreement can and cannot cover. Then decide how to raise it with your partner.

What to prepare

Your own asset list, and the situations that worry you most.

Things to note

A prenuptial agreement is not a sign of distrust. It settles, in advance, the things you both care about.

  • The same dedicated consultantFrom your first conversation to signing, it is the same person.
  • Chinese or EnglishDrafted in the language you both prefer.
  • Each takes independent legal adviceWe recommend that each of you takes independent legal advice, so that the agreement stands on firmer ground later.
WhatsApp us

Already getting divorced? See Divorce agreement →

How it works

The five steps of a prenuptial agreement

From the first conversation to signing, we explain what happens at each step first.

  1. Line illustration: two cups of tea on a small table, with a clock with no numbers beside them
    Step 1

    Free initial consultation

    30 minutes to understand what you want to protect and what you have already agreed.

  2. Line illustration: two hands passing a folder, with a list beside it
    Step 2

    List the shares and hand over the information

    Each of you lists your properties, deposits, investments, shares and debts, with supporting documents.

  3. Line illustration: a draft page with revision marks, and a pen
    Step 3

    Drafting and revising

    We draft a first version; you both go through it clause by clause, revising until both of you are satisfied.

  4. Line illustration: two separate desks, each with a folder and a lamp
    Step 4

    Each takes independent legal advice

    We suggest each of you has a solicitor read the agreement, to confirm you understand every clause.

  5. Line illustration: a signed document, a pen and two rings
    Step 5

    Sign before the wedding

    Ideally sign four weeks before the wedding or earlier; each of you keeps an original.

Agreements & certificates

Four kinds of agreement,used at different times

The names are similar but the uses differ. See which one you need now.

  • 01Prenuptial agreement
  • 02Postnuptial agreement
  • 03Separation agreement
  • 04Divorce agreement
01

Prenuptial agreement

Line illustration: a piggy bank

Before the wedding You are here

Prenuptial agreement

Agree before marrying how each person’s property is dealt with after marriage.

See the six parts to write
02

Postnuptial agreement

Line illustration: an envelope with a wax seal

During marriage

Postnuptial agreement

When circumstances change after marriage, such as buying a home or receiving an inheritance, you agree the property arrangements afresh.

Ask about postnuptial agreements
03

Separation agreement

Line illustration: a house and a key

When separating

Separation agreement

How the children, living costs and housing are arranged while you live apart.

Ask about separation agreements

Other documents:Replacement marriage certificateCopy of the divorce certificate

Common situations

Four of the situations we meet most often.

1 / 4
Sun Mood in numbers

Divorce procedure, by the numbers.Every number is a family that went the whole way.

  • Line illustration of years of divorce experience
    010+years of divorce experience
  • Line illustration of clients served
    020+clients served
  • Line drawing for languages: Cantonese, Mandarin, English
    030typesLanguages: Cantonese, Mandarin, English
  • Line illustration of a reply within hours, usually the same day
    040hoursto reply, usually the same day
FAQ

Prenuptial agreement FAQ

Sun Mood dedicated consultant
Not sure where to start?

Every case begins with a no-pressure conversation. We listen to your situation, answer in plain language and help you decide your next step.

  • Usually six parts: property each of you owns before marriage, inherited and gifted property, property bought together after marriage, family business and company shares, maintenance if you part, and the asset list, review and signing.

  • Most of these templates come from Taiwan or the Mainland. A Hong Kong prenuptial agreement mainly deals with property and maintenance. The courts generally do not enforce lifestyle matters such as surnames or housework.

  • You can record what you both think, but the court always decides the care and maintenance of children by their best interests, and is not bound by the agreement.

  • Hong Kong has no dedicated legislation. But in a 2014 case the Court of Final Appeal said that where both sides signed willingly, fully understood the content, and holding them to it is not unfair, the court will give the agreement weight.

  • Four conditions: fair content, full disclosure of assets by both of you, independent legal advice for each of you, and enough time to sign before the wedding.

  • Yes. One signed after marriage is called a postnuptial agreement, and the court applies similar principles.

  • Not necessarily. It is worth considering if you own property before marriage, your parents help with the deposit, you expect an inheritance, or you run a business.

  • State which side’s parents the deposit came from, whether it was a gift or a loan, and how it is handled if the property is sold later.

  • State that the deposit and instalments paid before the marriage belong to the original owner, and how instalments and any rise in value after the marriage are counted.

  • Ideally four weeks before the wedding or earlier. The closer to the wedding, the easier it is to claim that one side signed under pressure.

  • It is not compulsory, but when each of you has independent legal advice, a court is more likely to believe you both understood the agreement.

  • Yes. Once you both agree, you can sign a supplementary agreement, or amend it together under a review clause.

Book a consultation

Book a consultation: a free 30-minute first chat.

  • Free 30-minute first consultation
  • Strictly confidential
  • Reply within three hours, usually the same day
Call us
Sun Mood dedicated consultant
Dedicated consultantCantonese / Mandarin / English · Reply within three hours

WhatsApp will open with your message already filled in; just check it and send. To see how we handle your personal data, please read our Privacy Policy.

Contact us

Every new chapterbegins with one conversation.