BackgroundA Sino–US couple planned to marry and divide their time between the United States and China. Both partners held significant assets, including real estate and business interests located in China and abroad. They wanted to protect family assets, respect cultural expectations on both sides, and avoid potential disputes in case of divorce or inheritance issues.Challenges
- The couple’s assets were spread across multiple jurisdictions, each with different marital property and succession rules.
- One partner’s family owned a Chinese company in which she held shares, raising concerns about future division or claims.
- The couple needed arrangements that would be recognized and enforceable under both US and Chinese law as far as possible.
Our Approach
- Cross‑Jurisdiction Legal Analysis
Working with foreign counsel, we analyzed how marital property, trusts, and inheritance would likely be treated in the relevant US state and in mainland China, identifying gaps and conflict points.
- Designing Prenuptial Agreements and Asset Structures
We helped the couple design a customized prenuptial agreement addressing key asset categories: business interests, real estate, investment accounts, and inheritances. For China‑based assets, we structured ownership and governance in a way that would reduce potential disputes and protect third‑party shareholders.
- Family Trust and Gift Planning
For certain assets, we recommended placing them into family trust arrangements or other vehicles, aiming to protect them for long‑term family purposes while maintaining reasonable control and flexibility.
- Cultural and Communication Support
We facilitated discussions with both families, explaining in Chinese and English how the arrangements worked and how they were intended to protect, rather than undermine, family interests. This helped avoid misunderstandings and emotional resistance.
- Implementation and Ongoing Advice
We coordinated execution of agreements and related corporate and property registrations, and provided guidance on how future major transactions or relocations should be handled to stay consistent with the agreed framework.Results
- The couple entered into a balanced and transparent cross‑border marital asset plan, giving both sides clarity and security.
- Sensitive Chinese business and family assets were better insulated from potential personal disputes.
- The families on both sides understood and accepted the arrangements, reducing the risk of conflict later on.
Key Takeaways
- International couples with China‑connected assets benefit from proactive planning before marriage or major life events.
- Aligning documents and structures across jurisdictions is critical to avoid surprises if relationships or locations change.
- Legal solutions work best when they also address cultural expectations and family dynamics.
Call to ActionIf you or your clients are planning marriage, divorce, or inheritance arrangements involving Chinese assets, our private client team can help design solutions that reflect both legal and personal priorities.