Prenuptial Agreements in China

Enforceability of Prenuptial Agreements in China

Prenuptial agreements are now legally enforceable in China. This is outlined in Article 19 of the 2001 Marriage Law, which states:

“With regard to property acquired during the marriage and property owned before the marriage, the husband and wife may agree whether such property will be separately owned, jointly owned, or partly separate and partly joint. The agreement must be made in writing. If there is no agreement or the agreement is unclear, Articles 17 and 18 of this law will apply.

Any agreement made between the spouses concerning marital and prenuptial property is legally binding for both parties.

If the husband and wife agree—and this is known to third parties—to keep their marital property separate, any debt incurred by either spouse must be repaid from their separately owned property.”