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Divorce|Lawyers see all the lovers fighting against each other, the prenuptial agreement is not patented by the rich: it is a business decision

2022-02-11T01:17:03.361Z


Husbands and wives go from falling in love to divorce. In addition to the changes in the relationship between the two parties, there are also many practical problems, such as property distribution, child custody... A lawyer specializing in divorce cases said that in recent years, there have been many divorces in Hong Kong.


Couples go from falling in love to divorce. Apart from the change in their relationship, there are also many practical problems, such as property distribution, child custody... A lawyer specializing in divorce cases said that in recent years, there has been a trend of younger divorces in Hong Kong, " Many of them are in their 40s, and most of them are married at a young age, and in some cases they leave at a young age.”

He believes that the increase in the divorce rate of the younger generation is because their concept of marriage is different from that of the previous generation. "Divorce is no longer a shameful thing. If you are unhappy, procrastination will be painful, and you must get on with life in the end."

In addition, he revealed that more and more people are applying for prenuptial agreements, and he pointed out that this is not the patent of the rich.


Photography: Law Junhao


Billy Gao, a partner at Law Firm, believes that the rising divorce rate among the younger generation is because their concept of marriage is different from that of the previous generation.

(Photo by Luo Junhao)

In his 13-year career as a lawyer, Billy Gao, a partner at Wedace Law Firm, spent 9 years dealing with divorce cases and family disputes.

He pointed out that in Hong Kong law, there are five reasons for divorce, including one-year separation (spouse’s signature is required), two-year separation (spouse’s signature is not required), adultery, desertion, and unreasonable treatment. The court will accept the beating, scolding, and scolding, and the two do not talk at all or respect each other, but of course they must provide evidence.”

Marriage can be rich and frugal, but divorce involves more money.

(file picture)

Marriage can be rich and frugal, but divorce involves more money, first and foremost legal fees and attorney fees, "If we issue a petition, the other party will treat me unreasonably, and if the other party's words are unreasonable, it will be my client. , I usually ask a client to accept it.” Gao Kunfeng pointed out, because no matter which party treats the other party unreasonably, or even admits adultery, it will not affect the distribution of property or the arrangement of children, “In the case of litigation, you don’t need to defend A divorce application can be divorced after waiting for two years at worst, how much money will be wasted to get a lawsuit at the same time?”

A divorce case dragged on for 8 years: after all the money and the arrangement of the children

In addition to litigation fees and attorney fees, there is also the issue of property distribution, "𠵱My family helps a client get a divorce, except for the couple's name in the court documents, there are a bunch of people I don't know, for example, one of them has a lot of assets, and his father is 揸In the hands of business partners, or in the hands of third parties such as trust funds, things are much more complicated.”

When more people are involved, the trial time may be prolonged. Gao Kunfeng bluntly said that once a divorce is brought to court, it will cost a lot of money, "Hong Kong is very slow to get divorce because there are not enough court judges, even if it is not allowed to go to court. It takes 8 to 9 months for pure document exchanges at the earliest. The longest I have a case on hand is 8 years, because the family is very rich, and after the money is spent, the children are arranged, and they are American, and the US tax The complexity creates more variables in the case.”

You can sign too early or too late, it is best to sign 28 days before marriage, because everyone's assets will change, and it will be unfair to sign a document too early. , It is not good to sign when the woman is pregnant, because it is also suspected of being unfair.

Gao Kunfeng, Partner of Wedashi Law Firm

In recent years, more and more clients have applied for prenuptial agreements, and Gao Kunfeng revealed, "When there is an agreement between the second and third generations of the rich and the third generation, you should bring it with you to the law firm! In fact, the agreement is a cost-effective way to protect yourself, but It's so romantic!" (Online picture)

Similar to Ping An Paper, a non-waste wealth planning

Modern people pay more and more attention to wealth planning, so in recent years, more and more people choose to sign a "prenuptial agreement".

Are prenuptial agreements a patent for rich people?

Gao Kunfeng described that the function of the prenuptial agreement is similar to that of the safety paper, and the price of the two is also similar.

However, he emphasized that the prenuptial agreement signed under the following circumstances may not take effect, "It can be signed too early or too late, it is best to sign it 28 days before the marriage, because everyone's assets will change, and a document will be signed too early. It's not fair. Signing too late will make people suspect that the weaker party is forced to sign, and it is not good to sign when the woman is pregnant, because it is also suspected of unfairness." It is suggested that both parties should have lawyers who specialize in divorce to be present. To ensure that sufficient and appropriate opinions are provided, both parties should also disclose the property in detail to make the document more reasonable, "the actual document is a commercial deal (commercial decision)."

"When there is an agreement between the second and third generations of the rich and the wealthy, you must bring it with you to a lawyer's office! In fact, the agreement is a cost-effective way to protect yourself, but it is not romantic!" In addition to the prenuptial agreement, it turns out that there are also post-nuptial agreements Agreement, "If everyone's property changes greatly after marriage, it will affect the prenuptial agreement, so it must be renewed."

Gao Kunfeng believes that the increase in the divorce rate of the younger generation is because their concept of marriage is different from that of the previous generation. "In the past, people respected marriage very much, and my family felt that they would not leave. Divorce is no longer a shameful thing, if you are not happy Words, procrastination is painful, and in the end you have to get on with life.”

(file picture)

"Divorce in mainland China is not as much as in Hong Kong"

Gao Kunfeng pointed out that the divorce rate in Hong Kong is high, and Hong Kong courts are very generous to the weaker party, "Hong Kong and London are the most generous, because the weaker party will share more, so some people plan to divorce in Hong Kong. ".

For example, he pointed out that some couples got married in the mainland, and after 3 years of immigrating to Hong Kong, they applied for divorce.

However, he said that if both parties apply for divorce in different places, they need to decide which place to handle the application. "In the same marriage, if the man applies for divorce in the United States, and the woman applies for divorce in Hong Kong, it is necessary to decide which side to handle."

Gao described that there are more opportunities for this to happen under the epidemic, because many foreigners have settled in Hong Kong, and some people may have returned to their hometowns during the epidemic, so they need to decide where to file for divorce.

Hong Kong currently does not recognize same-sex marriage, and it is difficult for the courts to handle property distribution and child arrangements after same-sex couples are separated. In court, there must be a reason to take legal action.” However, Gao Kunfeng pointed out that in one case, same-sex couples can obtain the assets of the other party. “If one party is dependent on the other party’s property, as long as the other party dies, he has the right to take it. property of the other party".

The Catholic Church does not approve of divorce, and applying for legal separation has become a way out for some Christians.

(file picture)

Alternatives to Catholic Divorce

Some people don't want to get divorced, while others can't. Gao Kunfeng shared that some guests could not get a divorce because of religious issues and could only apply for legal separation.

"Because the Catholic Church does not approve of divorce, the application for legal separation is similar to the divorce procedure, that is, the family can be separated and the child support issue can be dealt with, but if the above matters are dealt with, they are still husband and wife and cannot remarry."

For example, Gao Kunfeng pointed out that if the more devout party in a Catholic family said that he could only accept legal separation, but the other party insisted on applying for divorce, the court would directly handle the divorce application, because legal separation requires the consent of both parties. But I have tried to accept this kind of case, it is two 80-year-old old people, and they both ended up getting divorced.”

In the past, people respected marriage very much, but my family felt that we were separated from each other.

Divorce is no longer a shameful thing. If you are unhappy, procrastination will be painful, and you must get on with life in the end.

Gao Kunfeng, Partner of Wedashi Law Firm

Gao Kunfeng revealed that in recent years, more and more clients have applied for prenuptial agreements, "When there is an agreement between the second and third generations of the rich and the third generation, you should bring it with you to the law firm! In fact, the agreement is a cost-effective way to protect yourself, but So romantic!" (Photo by Luo Junhao)

The divorce rate of the younger generation is rising: attitudes change, and feelings are easy to change under the epidemic

In his nine-year career in handling divorce cases, Gao Kunfeng has witnessed many couples from falling in love with each other. He revealed that in recent years, there has been a trend of younger divorces in Hong Kong, "Maybe Hong Kong is full of beauty, many of them are 40 years old downstairs, and most of them have a short marriage age. , there are some cases where I will leave at a few years."

He believes that the increase in the divorce rate of the younger generation is due to their different concept of marriage from the previous generation, "In the past, people respected marriage very much, and my family felt that they were not separated. Divorce is no longer a shameful thing, if you are not happy Words, procrastination is painful, and in the end you have to get on with life.”

In addition to the change in concept, Gao Kunfeng believes that the continuation of the epidemic is also one of the reasons, "Starting with the implementation of work from home by some companies, it is really a lot of inquiries about divorce cases, because Hong Kong housing companies are small, it is difficult to meet and live together, and it will become a trapped beast. Fighting.” In addition, there are also families who had to travel between the two places frequently, but they were separated for a long time under the lockdown, which caused emotional changes. “I have a guest in Hong Kong, and Mrs. Qu is from Macau. I need to communicate more. It is very difficult, but it is not Method".

Divorce|Children often become distressed. A message for both parties to avoid going to court: the winner is always a lawyer. Divorce and remarriage are common. Remarriage pre-marital counseling can help strengthen the confidence of the new couple. The survey of "I'm a Dad" indicates that more than half of the interviewed divorced parents are under pressure from parenting, and they call on each other to be a cooperative partner [After Divorce.

6] Mother's suffering for twenty years before divorce affects her daughter's love: demanding a perfect marriage [After the divorce.

3] Self-improvement and fear of single mothers: It turns out that I have a lot of pressure on a girl [After the divorce.

8) Single parent growth breaks through the fear of marriage: rebuilding what the older generation can’t get

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Source: hk1

All news articles on 2022-02-11

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