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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118776
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im a South African living in Hong Kong and getting married

Customer Question

I'm a South African living in Hong Kong and getting married to An Italian lady in Italy.
I'd like to draw up a prenuptial agreement.
How do I go about it?
Will it be valid in Italy?
I understand that the Italian courts do not recognize prenuptial agreements, is that right?
If we are living in Hong Kong and apply for a divorce, would we have to apply in Hong Kong or Italy or where ever we are living at that time?
Under which law would the divorce proceedings happen?
Should I seek a prenuptial agreement in Italy or Hong Kong or will the agreement we draw up be the same or valid for either country?
Submitted: 6 years ago.
Category: Legal
Expert:  Mike Otis replied 6 years ago.
Welcome, and thank you for your question.

If you plan on getting married in Italy, it would be advisable to seek advice from an Italian attorney as the laws of Italy will govern the marriage proceedings and the applicable law.

Yours faithfully,
Customer: replied 6 years ago.
Relist: Answer quality.
The "expert" did not answer the question at all.
My 10 year old niece could have given me a better answer.
Expert:  Law Educator, Esq. replied 6 years ago.
Your previous expert was correct. Prenuptial agreements are NOT valid under Italian law and as such you cannot enter into one for a marriage occurring in Italy as it would be occurring under Italian law. The only way to enter into a prenuptial agreement that would be recognized in Italy, presuming it is not against public policy, would be if a prenuptial agreement was entered into in a country that does recognize prenuptial agreements for a marriage occurring in another country. Thus, if you plan on marrying in Italy, you cannot have a prenuptial agreement.

If you will be living in Hong Kong, you should marry there and enter into an agreement there OR if you marry in Italy without a prenuptial agreement, you can enter into a post-nuptial agreement (after marriage) in Hong Kong as the Hong Kong courts will recognize such an agreement entered into after marriage.

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Customer: replied 6 years ago.
Just so I understand correctly, if I marry in Italy and I'm living in Hong Kong and apply for a divorce here in Hong Kong, The divorce proceedings will be subject to Hong Kong law despite the fact that we where married in Italy, is that correct?
Expert:  Law Educator, Esq. replied 6 years ago.
Right, but you cannot enter into a valid prenuptial under Italian law, so you would have to have it drafted under the laws of Hong Kong and you would state that specifically in the Prenuptial.

If you marry in Italy, you can divorce anyplace you are residing and the divorce is subject to the laws where you are getting divorced.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118776
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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