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Infidelity Prenuptial Agreement

Infidelity Prenuptial Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Infidelity Prenuptial Agreement

"I need an Infidelity Prenuptial Agreement for a marriage planned for March 2025, with strict financial penalties including the forfeiture of 30% of separate property in case of infidelity, and specific provisions to protect my technology startup company's intellectual property and shares."

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Document background
An Infidelity Prenuptial Agreement is a specialized legal document used by couples planning to marry in Hong Kong who wish to establish clear financial consequences for extramarital conduct. This document is particularly relevant for high-net-worth individuals, public figures, or those with significant family wealth seeking to protect their assets and establish clear boundaries regarding marital fidelity. The agreement combines traditional prenuptial provisions (such as asset division and financial arrangements) with specific clauses addressing infidelity, including detailed definitions, proof requirements, and predetermined financial penalties. While prenuptial agreements in Hong Kong are not automatically binding, they carry significant weight in court proceedings following the precedent set by Radmacher v Granatino, provided they are properly executed with both parties receiving independent legal advice and making full financial disclosure.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement

3. Definitions: Definitions of key terms, particularly defining what constitutes 'infidelity' for the purpose of the agreement

4. Preliminary Matters: Acknowledgments of independent legal advice, voluntary entry, and full financial disclosure

5. Duration and Termination: Period of validity and circumstances under which the agreement may be terminated

6. Financial Arrangements During Marriage: Division of assets, financial responsibilities, and management of joint/separate property during marriage

7. Infidelity Provisions: Specific terms, conditions, and consequences related to infidelity

8. Financial Consequences of Infidelity: Detailed financial penalties or adjustments in case of proven infidelity

9. Burden of Proof: Standards and methods for proving infidelity claims

10. Dispute Resolution: Procedures for resolving disputes related to the agreement

11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

12. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

Optional Sections

1. Existing Children Provisions: Provisions relating to children from previous relationships, used when either party has existing children

2. Business Interests Protection: Specific provisions protecting business assets and operations, used when either party owns business interests

3. Inheritance and Family Wealth: Provisions protecting family wealth and inherited assets, used when significant family wealth is involved

4. Social Media and Privacy: Provisions regarding public disclosure of infidelity or relationship matters, used when privacy is a particular concern

5. Reconciliation Provisions: Terms for potential reconciliation after infidelity, used when parties wish to include possibility of reconciliation

6. Cultural or Religious Requirements: Specific provisions aligned with cultural or religious beliefs, used when parties have specific cultural/religious considerations

7. Mental Health Considerations: Provisions regarding mental health support and counseling, used when parties wish to include mental health support mechanisms

Suggested Schedules

1. Schedule 1: Financial Disclosure: Detailed list of assets, liabilities, and financial interests of both parties at the time of agreement

2. Schedule 2: Prohibited Conduct: Detailed definition and examples of conduct that constitutes infidelity under the agreement

3. Schedule 3: Financial Penalties: Detailed breakdown of financial consequences for different types of infidelity

4. Schedule 4: Proof Requirements: Specific requirements and acceptable forms of evidence for proving infidelity

5. Schedule 5: Independent Legal Advice Certificates: Certificates from respective lawyers confirming independent legal advice

6. Appendix A: Asset Valuation Reports: Independent valuations of significant assets mentioned in the agreement

7. Appendix B: Relationship History Declaration: Declaration of any relevant previous relationships or marriages

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
Relevant legal definitions

























































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Relevant Industries

Legal Services

Private Wealth Management

Family Office Services

Professional Services

Private Investigation Services

Financial Services

Marriage Counseling Services

Asset Management

Real Estate

Insurance

Relevant Teams

Legal

Private Client Services

Wealth Management

Risk and Compliance

Family Law

Document Processing

Client Relations

Trust Services

Estate Planning

Matrimonial Advisory

Relevant Roles

Family Law Partner

Private Client Lawyer

Wealth Manager

Family Office Manager

Marriage Counselor

Legal Associate

Compliance Officer

Risk Management Officer

Private Client Advisor

Estate Planning Specialist

Family Law Paralegal

Relationship Manager

Trust Officer

Asset Protection Specialist

Matrimonial Law Consultant

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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