Marriage is considered by many as a union of love – a beautiful celebration of two people promising to stick together through thick and thin, in sickness and in health, and “till death do us part”.
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Now imagine how you would feel if, on the eve of your big day, your beloved (or, in some cases, your in-laws-to-be) asks you: “How about we sign a prenuptial agreement?” It is not exactly the most romantic conversation starter, but it is becoming increasingly common.
A prenuptial agreement is a legal document couples typically enter into before tying the knot, outlining how they wish and expect their finances to be regulated in the unfortunate event of a divorce.
If you are a movie fanatic like me, you might remember a classic scene in Yesterday Once More, a film directed by Johnnie To some 20 years ago. Mrs Thief (Sammi Cheng), a divorcee about to remarry, has an eye on an expensive necklace belonging to the family of her fiancé.
While the groom-to-be is baking cookies in the kitchen, his mother, Mrs Allen (Jenny Hu), secretly accosts Mrs Thief to sign a “prenup”, to confirm that the bride is only entitled to wear the necklace and not to own it – unless she stays married until the age of 60. Otherwise, Mrs Allen will repossess it upon divorce.
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There is no one-size-fits-all prenuptial agreement. Some dictate the distribution of the couple’s assets or payment of maintenance upon divorce. Others protect assets from being touched. For those who intend to start a family, provisions on arrangements for children may also be included.