A prenuptial agreement (婚前协议) is a written agreement signed by a couple before they marry, deciding how their property will be owned. Article 1065 of the PRC Civil Code allows spouses to agree in writing that property acquired before or during the marriage belongs to each of them separately, jointly, or partly each. Such an agreement binds both spouses. As of 2026, a prenup is generally valid in China if it is in writing, signed voluntarily with full understanding, and does not violate mandatory law.
Why it matters
Without an agreement, most property acquired during the marriage becomes community property. A prenup lets a couple protect a family business, pre-marital real estate or expected inheritances, and set clear rules for an international life across several countries. There are limits: it cannot waive a child's right to support or override the court's assessment of a child's best interests, and terms that are grossly unfair or signed under pressure may be challenged. Notarisation is not required but is helpful as evidence. For international couples, bilingual drafting and a clear choice of law matter, and the agreement should match how property is actually registered.
How it works in practice
A Swiss entrepreneur and his Chinese fiancee drafted a bilingual prenup in Shenzhen. It kept his Swiss holding company and her family's apartment in Chengdu as separate property, made salaries and a future family home joint, chose Chinese law for property matters, and required both to update the property register when buying. Both had independent advice, and they notarised it before registering their marriage.
Common mistakes
- Signing days before the wedding without independent advice
- Drafting only in English, then struggling to use it in a Chinese court or registry
- Including terms about custody or waiving child support, which courts will not follow
- Buying property later in a way that contradicts the agreement
- Relying on "loyalty clauses" as if they were guaranteed; their enforceability is limited