Structuring an agreement so it would hold in both France and China
A couple with French property and Chinese residency wanted to plan ahead rather than litigate later, and needed an arrangement effective in both countries.
Background
A couple with French property and Chinese residency wanted to plan ahead rather than litigate later, and needed an arrangement effective in both countries.
What was done
The applicable French matrimonial regime and the effect of a prenuptial agreement were reviewed alongside the Chinese position on China-situated assets, and the agreement was drafted to satisfy the formal requirements of both.
Outcome
An agreement was put in place that would be recognised in both jurisdictions.
Why this pattern recurs
An agreement that satisfies one jurisdiction's formalities and not the other's is enforceable exactly where it is least needed. The formalities are the whole exercise.
If your situation looks similar
Send the facts in one message: where the marriage was registered, where each party lives now, where any children are, and where the assets are held. That is usually enough to say whether a China route exists, and there is no charge for that first review.
Points to take away
- An agreement that satisfies one jurisdiction's formalities and not the other's is enforceable exactly where it is least needed. The formalities are the whole exercise.
- An agreement was put in place that would be recognised in both jurisdictions.
Free initial review of jurisdiction, documents and enforceability — before any cost is committed.