Whether the court is to decide whether or not to issue an order under a marriage pact, the issue of fairness is the key issue. In the United Kingdom, it is likely that the court will respect the terms of the marriage agreement and that the parties will maintain their agreement if the parties: Indeed, it seems to be a pessimistic thing. This is probably why Hong Kongers are not enthusiastic. However, there are those who understand the practicality of developing a prenup agreement before tying the knot. This is especially true if you come from a wealthy family or if you are willing to inherit your parents` fortune. Historically, pre-married agreements have been found to be contrary to public policy, as the provision of a divorced woman and her children is a matter of public interest. In the British case of Bennett v. Bennett, the court stated that “it is in the public interest that the wife and children of a divorced husband should not be subject to public support or charity if he has the means to support them.” A marriage agreement is a contract signed and written by the parties to a future marriage. The agreement defines the distribution of its assets and liabilities if the marriage is dissolved at a later date.
In SA/SPH  3 HKLRD 497, the Court of Final Appeal upheld the judgments of the English governing authority Radmacher/Granatino  1 AC 534, that the courts should give weight to a pre-inherited agreement entered into by free will with a full understanding of its effects, unless, in the circumstances, there is no fair respect between the parties. According to the definition of a document published by the HK Reform, this is an agreement usually made by men and women before marriage. It defines how their finances will be regulated if they divorce in the future. The newspaper cited the main reason why these pre-marital arrangements are necessary to protect the wealth that the man or woman accumulated while she was single, or even what they accumulated after the marriage. According to a published study on divorce in Hong Kong, experts are constantly debating the validity of marriage contracts. On the one hand, some people think it promotes divorce. After all, without the Prenup, you`ll have to make more effort to make the marriage work. The parties are expected to discuss the pre-marriage agreement sooner rather than later. Ideally, the contract should be signed at least 28 days before the scheduled wedding date.
Today, it is common for rich people to enter into marital agreements. Engaged couples, who are or become members of wealthy families, are often required by their parents to enter into marital agreements to protect not only the interests and property of couples, but also those of their families.