Murdoch has not let himself on the world's richest and most expensive breakup list

November 21, the 82-Year-old Murdoch and 44-year-old Wendi formally announced the divorce, the details of the divorce agreement has not been announced, but foreign media speculated that Wendi will at least get a mansion on Manhattan's Five Avenue and a Beijing property.

Although not cheap, it was a breeze for the Murdoch empire, compared with the 1.7 billion-dollar breakup that ended the last marriage. Perhaps because of the distance last 17 days, for the combination of Deng, Murdoch has already considered the future separation of property arrangements.

A prenuptial agreement and two marital agreements, so that the two people's Divorce property division is not too much leeway, and Murdoch's news empire has not been the slightest impact of divorce.

"The agreement that the two men signed before marriage may be a principal agreement, and two of the prenuptial agreements are supplemented by content." "In an interview with the 21st century economic reporter," said Wang Fang, senior partner of Beijing Dacheng law firm and chief legal advisor to the family office of the private Bank of China Merchants ' headquarters, explaining that prenuptial agreements may not predict some new situations after marriage, and that it is necessary to add a prenuptial agreement to the new situation.

Wang Fang stressed that the disposition of matrimonial property in China is different from that of foreign countries, in China, the basic principle of attribution of marital property is that the property before marriage is owned by the individual, and the marital property belongs to the common property. It is necessary to consider the use of matrimonial property contract tools to achieve marriage wealth planning and risk prevention.

Five types of millionaires apply for marital property agreement

Although no one knows how much money Murdoch has given Wendi, however, one thing is certain, three agreements, so that Deng's 14 years after all failed to exchange the slightest interest in News Corp.

This may be emulated by mainland high net worth people. Wang Fang believes that the five categories of high net worth people in the mainland should pay special attention to the use of matrimonial property contract tools.

The first category, to ensure that the divorce does not affect the operation of the Enterprise Empire, before marriage, one or both parties are major shareholders of the company, should consider signing marital property agreement.

"One of the details that many rich people don't know is that when property is involved in a company's equity interest, it is more complicated to belong to individual property in China and to share the same property." Wang Fang said that the current law stipulates that the company's equity property is divided into three parts, the original value of the company's equity at the time of marriage belongs to the personal property, and the shareholder's equity dividend after the marriage and the value-added value of the equity market in the period of marital duration are the common property.

This is particularly important for shareholders of many technology-oriented enterprises. From the establishment of the company, private equity to the final listing, or from the early stage of enterprise development to maturity, equity in the value of value-added in marriage.

The second category is the domestic or overseas listing of private enterprise shareholders, in order to protect the smooth listing of enterprises, may need to do so at the request of shareholders meeting.

"A more important requirement when a company is listed is that the equity is clear and the right owner is determined." Once the issue of marital equity division in the market may cause the relevant equity to be frozen by the court, the whole listing process is dragged down. When the core shareholder of the Tudou market was sued by the ex-wife for the split of the equity, that is an example. Wang Fang said, in this case, the better treatment is in the preparation for the reorganization of the listing, the large shareholders or the actual control of the company signed the marital property agreement, the ownership of the relevant equity.

There are some "smart" rich, at the beginning of the declaration of their wealth and his wife, but promised to meet a certain "conditions" will give the corresponding assets, common in the female star married into Hao category marriage, this is the third category.

"Many people do not know that such a promise is difficult to secure even under the law of China," he said. Wang Fang said that such a commitment is regarded as a grant agreement under the contract law, and that the husband may revoke the agreement at any time before the grant occurs.

Under the existing law, a grant contract that would have been notarized would not be revoked, but the problem was that high net worth people were largely unwilling to disclose "household chores" before the state certification authority. "In contrast, the marital property agreement does not require notarization, and it is signed into force." Wang Fang explained.

"Loyalty Guarantee" is not supported by law

The fourth category is transnational marriage and immigrant families. At present, China's high-end people in cross-border marriages and because of immigration and the transfer of the nationality of the marriage is more and more, different countries, marriage property system varies greatly, need planning.

For example, a mainland millionaire's daughter marries a Hong Kong person, if marriage, then in accordance with the mainland law, the daughter married after the new income is the husband and wife of the joint property, but if the case in Hong Kong jurisdiction, then the rich daughter before the wedding of the huge assets are also likely to be included in the "Therefore, it is necessary to pass the Matrimonial property agreement, the two parties may agree in the Matrimonial property agreement in the case of disputes, where the law applies, if not agreed, generally take the court jurisdiction law." Wang Fang said.

Those who have had high assets before marriage are category fifth, especially when they have been married before. This is because, according to Chinese law, the other party's former marriage children may become their legal successors. In general, remarried people who have more assets want to keep the assets on their side, or the common property that wants to remarry is left to the child of the marriage, not the successor. A former arrangement is to define the contents of the property that both spouses have the right to dispose of in the first place through the Matrimonial property agreement.

In fact, high net worth people when their children marry, often give property, once the young couple conflict broke up, then the parents of the money will worry about the ownership of the property. Wang Fang said that if the funds provided by the parents did not have the children and husband and wife signed the IOU, under the statutory principle of this gift money is presumed to be the husband and wife common property.

In this case, parents are generally advised to make a unilateral grant to prove that the asset is a gift to their children, or the child signed a marital property agreement, stating that this is a party's personal assets.

"Alternative innovative uses" of matrimonial property agreements, for example, the husband and wife of the "loyalty guarantee" is also a common misconception-both spouses if one side of the affair, the cheating party may face the wife of the denunciation of the "guarantee" in the form of a promise if there is another betrayal, give his wife a high financial compensation or their own "purification out of the

"This is difficult to support under the existing legal framework, and the law does not clearly state that the loyalty agreement must have legal effect." In practice, courts generally do not support it. "Wang Fang believes that if you want to regulate the other party's infidelity, you can directly through the marital property agreement to agree on the property of the two sides of the arrangement, and do not attach conditions."