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Civil Partnership Prenup

Civil Partnership Prenup Template for Hong Kong

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Key Requirements PROMPT example:

Civil Partnership Prenup

"I need a Civil Partnership Prenup drafted for a couple where one partner owns technology businesses in both Hong Kong and Singapore, with expected IPO in March 2025; agreement must include strong provisions for intellectual property protection and future business ventures."

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Document background
The Civil Partnership Prenup is a crucial legal document for partners entering into civil partnerships in Hong Kong, reflecting the territory's evolving legal landscape following landmark court decisions recognizing same-sex relationships. This agreement becomes particularly important given Hong Kong's status as an international financial center, where partners often have complex asset structures and international connections. The document provides a framework for protecting both partners' financial interests, detailing property division, asset management, and financial responsibilities. It addresses specific considerations under Hong Kong law while accounting for the unique aspects of civil partnerships, including provisions for joint assets, business interests, and future financial planning. The agreement should be executed well before the civil partnership registration to ensure its validity and should include comprehensive financial disclosure from both parties.
Suggested Sections

1. Parties: Identification and details of both partners entering into the civil partnership prenuptial agreement

2. Background: Context of the agreement, including the intended civil partnership and purpose of the prenuptial agreement

3. Definitions: Key terms used throughout the agreement, including property classifications, income definitions, and other relevant terminology

4. Recognition of Civil Partnership Status: Acknowledgment of the legal status of the civil partnership under Hong Kong law and relevant court decisions

5. Separate Property: Identification and agreement regarding assets that will remain separate property of each partner

6. Joint Property: Definition and treatment of property acquired jointly during the partnership

7. Financial Disclosure: Complete disclosure of both partners' financial positions, assets, and liabilities

8. Division of Property: Agreement on how property will be divided in case of dissolution

9. Financial Responsibilities: Ongoing financial obligations and responsibilities during the partnership

10. Dispute Resolution: Process for resolving any disputes arising from the agreement

11. Governing Law: Confirmation that Hong Kong law governs the agreement

12. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

13. Execution: Signing requirements and witness provisions

Optional Sections

1. Business Interests: Protection of business assets and future business ventures, used when either partner owns or may establish a business

2. Intellectual Property Rights: Protection of intellectual property owned by either partner, relevant for creative professionals or entrepreneurs

3. Inheritance Rights: Specific provisions regarding inheritance and succession, particularly important if either partner has family wealth or expected inheritance

4. Debt Allocation: Treatment of existing and future debts, particularly relevant if either partner has significant debt

5. Foreign Assets: Provisions for assets held outside Hong Kong, necessary when partners have international assets

6. Support Obligations: Provisions for financial support in case of dissolution, particularly relevant where there's significant income disparity

7. Children: Provisions regarding existing or future children, including financial responsibilities (where applicable)

8. Insurance Policies: Requirements for life, health, or other insurance policies, important for financial security

9. Pets: Provisions for pet ownership and care, relevant for couples with pets

10. Digital Assets: Treatment of digital assets and cryptocurrencies, relevant for partners with significant digital holdings

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of each partner's assets at the time of agreement

2. Schedule B - Liability Inventory: Detailed list of each partner's debts and liabilities

3. Schedule C - Business Valuations: Professional valuations of any business interests

4. Schedule D - Property Valuations: Current market valuations of significant real estate or other major assets

5. Schedule E - Financial Disclosure Statements: Detailed financial statements from both partners

6. Schedule F - Pre-owned Property Evidence: Documentation proving ownership of pre-partnership assets

7. Appendix 1 - Certificate of Independent Legal Advice: Confirmations that each partner received independent legal counsel

8. Appendix 2 - Witness Statements: Statements from witnesses to the agreement's execution

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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