S.P.H. v. S.A.

The appellant and respondent were German nationals whose marriage was recognized in Hong Kong and who were initiating a divorce. Prior to their marriage, they had entered into a prenuptial agreement under German law. The court considered whether Hong Kong was the proper forum for the divorce proceedings, and whether a Hong Kong court should stay the divorce action at the request of one of the parties, due to ongoing divorce proceedings in Germany. The court adopted the principles of the Supreme Court of the United Kingdom decision in Radmacher v Granatino (2011) favoring prenuptial agreements. This reversed the previously long-held position that prenuptial agreements were against public policy and not to be enforced.



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