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Not an affair! The divorce rate remains high, and 70% of it is related to money. Lawyer Li Yusheng explains the common provisions of prenuptial agreements and whether they are legally binding｜ETTV reporters Fu Shihan and Fu Jiaxing
News link:https://youtu.be/iNxdjsO_p_Y?si=UmpGQnsVruqr00uQ
Prenuptial AgreementThe trend of prenuptial agreements has swept from abroad into China. Although Eastern traditions encourage reconciliation rather than separation, the high divorce rate has led more and more people to choose to clarify matters before marriage to reduce the chances of litigation when they separate. Moreover, according to research, more than 70% of divorce cases are related to "financial disputes," and prenuptial agreements can help both parties reach a consensus on money management within the marriage.
Li Yusheng, an attorney at Fidelity Law Office, said that a prenuptial agreement is a valid legal document in Taiwan and often stipulates the following matters: Property distribution: The two parties agree that the pre-marital and post-marital property will belong to each of them, be jointly owned, or partially owned, etc., to avoid future property disputes. Debt assumption: Make it clear who will be responsible for paying off any debts after marriage to prevent one party from being implicated by the debts of the other party. Family life matters: such as birth plans, children’s surnames, education methods, etc., reach consensus in advance. As long as the content of the prenuptial agreement does not violate mandatory or prohibitive regulations, is not contrary to public order and good morals, and is concluded with good intentions by both parties, it will be legally effective. For example, clauses that restrict personal freedom or violate the nature of marriage are invalid. A prenuptial agreement can protect the rights and interests of both parties and make the rights and obligations in the marriage relationship clearer.
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Frequently Asked Questions
Do family law cases always have to go to court?
Not necessarily. An assessment of agreement, mediation, or litigation can be conducted first, and the appropriate course of action should be chosen based on the urgency of the case, the evidence, and the positions of both parties.
What evidence should be prepared for family disputes?
Depending on the case, it may require household registration information, property information, remittance records, conversation records, child care facts, or estate documents.
What matters can a family lawyer assist with?
It can assist with divorce, parental rights, child support, meeting arrangements, distribution of remaining property, inheritance, wills and estate division, etc.