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Prenuptial Agreement

It is important that you understand all the terms written in the prenuptial agreements, your legal rights, the pros and cons of signing such agreement.  

Reasons for Setting Up a Prenuptial agreement

  • keep finances separate
  • protect from each other's debts
  • provide for children from previous marriages or to keep family property in the family
  • define who gets what in case of a separation or divorce
  • define each spouse's financial responsibility after marriage

If you are planning to get married, it may be necessary to have a prenuptial agreement.  It allows both parties to make up their own rules and address issues that are unique to them.

Parties can decide among themselves what is considered community property or separate property regarding the following:

  • income and retirement benefits earned during marriage
  • property owned before marriage and after marriage
  • property jointly buy or own during marriage
  • inheritance or gifts received before, during and after marriage

Prenuptial agreements should be signed long before the wedding date.  There are other legal requirements and formalities that need to be strictly followed in order to make sure that the prenuptial agreement is legally valid and enforceable.  Please seek legal consultation to help you decide: if you need a prenuptial agreement, what issues need to be addressed, consequence of not addressing such issues in the event of a divorce, death or disability.  

Attorney Stephanie Ko speaks Mandarin and Cantonese, reads and writes Chinese.  Please set up an appointment for consultation.

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