导读:在西方,很多准新人选择签署婚前协议(prenup),以避免不必要的法律纠纷。然而,在大多数中国人的眼中,签署婚前协议是件伤感情的事,甚至可能成为爱情禁区。
我们彼此相爱且相互信任,绝不会离婚,所以婚前协议与我们无关,它只会损害我们的感情。这是时下许多中国年轻人的想法,但他们想法并不能代表父母。 Nevertheless,
as people become more affluent and divorce rates rise, an increasing
number of couples are signing prenuptial agreements on division of
property in case of divorce. "I
know nobody wants to talk about divorce before marriage -- it sounds
ridiculous. It`s like talking about a funeral at a newborn`s birthday.
But practically speaking, a prenuptial agreement does save a lot of time and disputes in court," Shanghai divorce lawyer Mike Liang said. Prenuptial
agreements, not unusual in the West, are legal contracts signed before
two people enter civil union, and include details of property division.
For many years these legal instruments were considered peculiar by many
Chinese. They were considered proof of how cold-blooded and calculating
rich people can be - so shrewd they must even consider the possibility of divorce before marriage. But along with hectic
economic development, a large group of ordinary Chinese now own some
property - apartments, vehicles, gold, jewelry, stocks, art, antiques
and other assets. Now there is property to divide in a settlement, and
quite a bit can be acquired before marriage. "I
have been getting a lot of inquiries from couples who are about to get
married, from young to old, about half and half, and increasingly more
in the past three years," lawyer Liang said. He adds that many people come to him as individuals, asking whether they can conduct the required ownership verification of prenuptial property by themselves alone - without telling the future spouse. Some
are relieved to find out that ownership of their apartment, car and
other things purchased before marriage does not have to be verified,
Liang said. By law, which many don`t know, they are not and will not be
considered community property and won`t change hands in a divorce,
without consent. But many others worry that the materialism and pragmatism
represented by a prenuptial accord may harm the necessary bedrock trust
in a relationship, suggesting lack of faith and true love. Many who do
consider it decide never to raise the issue. Rebecca
Liu, a 27-year-old accountant, recently broke up with her 29-year-old
boyfriend Jerry Xu as they started discussing the possibility of
marriage, after dating for a year and half. The
reason was simple: Xu`s parents, who bought his apartment and car,
insisted on a prenuptial property agreement so he would not lose the
property in case of divorce. Xu obeyed his parents decision, saying,
"It`s their money and I don`t have any grounds on which to argue with
them about this." His
compliant attitude upset Liu who says an agreement would demonstrate
"lack of trust in our relationship, my love for him and even my
morality." 双方争辩了两个月,都不愿做出妥协,最后以分手告终。 |
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