China Offshore Trusts and Foundations Guide 2016

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特别报道 FEATURED STORY

share in the properties and all the wealth earned by Wang Baoqiang during those years had to be shared fifty-fifty with his wife. Next, we come to the custody of his children. Children are parents’ treasured possessions and Wang Baoqiang will naturally want to get custody of his two children. However, custody is determined under the principle of what is most beneficial to children’s development and well-being, and by whom the children are predominantly looked after. It is well known that Wang Baoqiang is busy shooting films all year round, leaving home early and often staying out late, and therefore, his two children are mostly looked after by his wife, Ma Rong. At present, Wang Baoqiang seems to have no advantage in getting custody of his children. Though Wang Baoqiang feels totally wronged, the prospect for Wang Baoqiang’s case is full of uncertainty, even before the divorce proceedings have started. If Wang Baoqiang had had a professional lawyer to help him plan ahead for his matrimonial property, things would have turned out differently.

所有、部分财产分别所有,比如股权和票房收入、商业广 告收入属于王宝强所有,部分房产和现金属于夫妻共有; 还可以约定每生育一个小孩给女方多少固定补偿,向张艺 谋大哥学习,听说每生一个娃给 1000 万!甚至可以约定离 婚财产分割准则:根据婚姻存续年限分隔财产或者按照比 例给予补偿。听说外国明星夫妇都是这样做对的,我们中 国明星夫妇当然也可以!我们团队在去年帮一位著名艺人 起草的《婚前财产协议》中约定:”婚姻每存续满一年, 离婚时男方应向女方补偿 300 万人民币照顾女方生活。“借 助一份专业的《婚前财产协议》,王宝强既可以对娇妻恩 宠有加又可以保住自己的钱包!同时还可以震慑娇妻,不 至于任由其出轨的同时还谋划王宝强口袋中的钱! • 其次,家族信托也是婚姻财产保护神! 再说一遍,家族信托是财产保护神。美国媒体大亨默多克、 中国房地产富豪吴亚军都因为家族信托的庇护,安安静静 地离婚,可能他们也因为离婚而伤心,可是他们的钱没有 受伤,他们的公司股权更没有受到冲击!默多克坐拥百亿

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China Offshore Trusts & Foundations Guide 2016

• Firstly, professional lawyers would have helped Wang Baoqiang draft a prenuptial property agreement. Wang Baoqiang and Ma Rong got married in 2009. At that time, Wang Baoqiang had become famous from his performance in the film A World without Thieves, indicating a promising future. Chinese always feel embarrassed to sign prenuptial agreements and worry that their partner’s feelings will be hurt once you talk about money. But prenuptial agreements are also a gauge: do you love me or my money? If you love me, then sign the prenuptial agreement and let me feel at ease. According to China’s marriage laws, spouses may contractually agree on common ownership, independent ownership, or partially common and partially independent ownership of matrimonial property. Taking Wang Baoqiang and Ma Rong as an example, some properties could be commonly owned, and some independently. For example,


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