With divorce increasingly commonplace in China, prenuptial agreements
are becoming a trend in order to avoid legal battles over property in
the event of a breakup.
The trend is reflected in the booming business of Yao Xiangyang (a
pseudonym), a lawyer in southern China's Guangdong province who began to
move into the area of prenuptial agreements a few years ago after
receiving requests from numerous entrepreneurs, which convinced him that
few in China possess sufficient legal knowledge to protect their
fortunes.
Lu Zhijie (pseudonym), 55, a Shanghai businessman, married He Chen
(pseudonym), then a woman in her 20s who worked at his company, more
than 10 years ago after divorcing his first wife and sending her and
their daughter to live in Austria. A few years ago, Lu was left
paralyzed after a car accident and He Chen subsequently took over the
management of his company. He Chen later had an affair with Li Xin, a
manager she had hired, and gradually placed the company and its finances
under her complete control. Lu consulted a friend who was a lawyer, but
found he had little legal recourse.
Lu's predicament could have been avoided had he arranged a prenuptial
agreement before his remarriage. But in China, such agreements are
generally only seen in marriages involving a foreign national. When Yang
Huijuan recently got remarried, to an American artist, they signed a
near 200-page prenup which covered the division of assets and also
specified the sites for both the establishment and dismantling of the
marriage.
Media stories are rife in China of exclusive matchmaking clubs
introducing wealthy single entrepreneurs to potential trophy wives.
According to the Chinese-language China Entrepreneur magazine, growing
numbers of wealthy individuals in the country have begun to see the
wisdom of what is perceived as a somewhat alien — and particularly
American — arrangement that jars with the tradtional Chinese view of
marriage. To cite one example, Meng Shan (pseudonym), a Shanghai
businessman, convinced his wife-to-be, 10 years his junior from a
middle-class family, to sign a prenuptial agreement which assures his
sole retention of his property and company in he event of divorce.
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