LCYP v JEK

Applying Radmacher in Hong Kong, the court should give effect to a nuptial agreement freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to it. A pre-nuptial agreement executed abroad after negotiation, with separate independent legal advice and full financial disclosure, was nonetheless held unfair where the parties' circumstances had changed materially during the marriage — the wife having given up her career to raise the children while the husband's business flourished — and the court made an award sufficient to maintain the wife for life notwithstanding the agreement.