Prenuptial Agreements Gain Ground in Asian Family Wealth Protection

Asian family wealth protection is prompting more wealthy individuals and cross-border couples, particularly in Singapore and Hong Kong, to consider prenuptial agreements to safeguard assets and business interests.

Hoon Shu Mei, dispute resolution director at Drew & Napier, said later marriages and greater awareness of financial planning have made prenups an increasingly important risk-management tool.

However, courts in both jurisdictions retain discretion to depart from the agreements. Complex holdings, including cryptocurrencies, unvested employee share options and private company shares, can be difficult to value or trace.

Different legal standards also complicate planning for couples with connections to multiple jurisdictions, leading lawyers to recommend coordinated agreements.

Postnuptial agreements offer another option when financial circumstances change.

For family offices, matrimonial arrangements are becoming a more prominent part of multigenerational wealth preservation and succession planning.