Pre-nuptial or Nuptial Property Agreement
Pre-nuptial or Nuptial Property Agreement
A man and a woman may enter into a property agreement either before or after they enter into marriage.
Property to be covered
- Pre-nuptial property
A pre-nuptial or nuptial property agreement may cover the ownership and/or division of all or part of the properties they own, possess, receive, acquire, or inherit before the entry into force of their marriage.
- Community property
A pre-nuptial or nuptial property agreement may also cover the ownership and/or division of all or part of the properties they receive, acquire, or inherit after the entry into force of their marriage.
- Written form
A pre-nuptial or nuptial property agreement shall not be valid unless it is made in writing.
According to the Civil Code or other applicable laws, the term “writing” or “written form” means a written contract, letter, telegram, telex, fax, or any form in which the contents are tangibly expressed. And any electronic message that tangibly expresses its contents by means of electronic data interchange or e-mail and is accessible at any time shall be deemed in writing.
- Ownership
In a pre-nuptial or nuptial property agreement, the spouses may agree that all or part of the properties owned, possessed, received, acquired, or inherited before and/or after the entry into force of their marriage may be individually or jointly owned, i.e., held as personal property of either spouse or community property of both spouses. And such an agreement shall prevail unless it violates the mandatory provisions of applicable laws.
In the absence of a pre-nuptial or nuptial property agreement, the provisions of Articles 1062 and 1063 of the Civil Code shall apply.
- Binding on spouses
A pre-nuptial or nuptial property agreement between spouses shall be legally binding on both spouses.
If it is specified under a pre-nuptial or nuptial property agreement that the properties obtained during their marriage shall be individually owned, the debts incurred by either spouses during their marriage shall be paid out of the personal property of such spouse unless the obligee is unaware of such agreement.
Robert Zhang 
Steve Li 