Prenuptial & Postnuptial Agreements

Prenuptial agreements in China: clarity before you need it

Nobody plans a marriage around a divorce. But a well-drafted prenuptial agreement in China can protect a family business, a flat bought before the wedding, or savings built up abroad — and, just as importantly, it can prevent years of argument later. Chinese law expressly allows couples to agree in writing how their property will be owned, both before marriage (a prenup, 婚前协议) and during it (a postnup or marital property agreement, 婚内财产约定).

This page explains when a prenuptial agreement in China is valid, what it can and cannot cover, and the extra steps international couples should take.

Is a prenuptial agreement enforceable in China?

Yes, in most cases. Under Article 1065 of the PRC Civil Code, spouses may agree that property acquired during the marriage and property owned before it belongs to each of them separately, to both jointly, or partly separately and partly jointly. The agreement must be in writing and binds both spouses.

Courts generally uphold an agreement that is:

• Written and signed by both parties
• Voluntary — no fraud, coercion or serious misunderstanding
• Consistent with mandatory law and public order
• Clear about which assets it covers and how

Notarisation is not a legal requirement, but it is often helpful. A notarised agreement is harder to challenge on grounds of identity or pressure, and some property registries and banks are more comfortable with it. For more detail, read our article on whether a prenuptial agreement in China is enforceable.

What a prenup can and cannot include

What you can agree

• Which pre-marital assets stay separate (a flat, company shares, investment accounts)
• Whether future income, business growth or investment returns are separate or shared
• How a family home bought during the marriage will be owned, and in what shares
• Responsibility for debts each person brings into the marriage or takes on later
• What happens to gifts and inheritances from each family

What you generally cannot agree

• Child custody and child support. A court will always decide these by the child's best interests; a parent cannot waive a child's right to support in advance.
• Terms that restrict the fundamental freedom to marry or to divorce
• Arrangements designed to defeat creditors — a separate-property agreement generally does not bind a third party who did not know about it

Loyalty clauses

Some couples add a "loyalty clause" (忠诚协议) — for example, a promise to pay compensation or transfer property if one spouse is unfaithful. Courts do not treat these consistently. In general terms, recent judicial interpretation gives more weight to specific property promises between spouses than to open-ended penalty clauses, but outcomes vary. We draft these cautiously and explain the risk honestly.

International couples: choice of law and bilingual drafting

When one or both of you are foreign, or you may live abroad, a prenup needs extra thought:

• Choice of law. Under the Law on Choice of Law for Foreign-Related Civil Relations (Art. 24), spouses may choose the law governing their marital property, within the options that law permits (such as the law of either spouse's habitual residence or nationality, or where major property is located).
• Real estate follows local rules. A flat in Shenzhen will be registered under Chinese rules whatever the agreement says, so the agreement and the property certificate must match.
• Bilingual text. We draft in English and Chinese side by side and state which version prevails. Each party should understand every clause; independent advice for each spouse makes the agreement much harder to attack later.
• Recognition abroad. If you might divorce in another country, that country's court may apply its own rules on prenups. We can coordinate with lawyers there so the agreement works in both places.

Pairing the agreement with property registration

A common mistake is signing an agreement that says a flat is "wife's separate property" while the property certificate shows joint ownership. When the documents conflict, disputes follow. Where appropriate we help you:

• Update the real estate registration to match the agreement
• Record share ownership properly at the company registry
• Keep bank and investment accounts clearly separated where assets are meant to stay separate

Postnuptial agreements

Circumstances change: a business grows, parents help buy a home, one spouse stops work to raise children. A postnuptial or marital property agreement lets you update the arrangement during the marriage. Under the SPC Interpretation II on Marriage and Family (effective 1 February 2025), courts give guidance on property promised to a spouse in such agreements; we explain what this means for your situation in general terms.

How we help

• Consultation on your goals, assets and where you are likely to live
• Drafting a bilingual prenup or postnup tailored to Chinese law and, where needed, foreign law
• Independent review of an agreement your partner's lawyer prepared
• Notarisation support and alignment with property and company registrations
• Coordination with overseas counsel for couples with assets or plans abroad
• Fixed fees for defined-scope drafting work

What to do next

Timing matters: start at least a few weeks before the wedding so neither of you feels rushed. If you are planning a wedding in China, see our page on marriage registration for foreigners. Then contact us for a free 30-minute consultation.