You are here: Home Law Topics Divorce Law Basics of China Prenuptial Agreement

China Lawyer Blog - We answer your questions

Basics of China Prenuptial Agreement

The Law Office of China Commercial Law Co., Guangdong works with couples that wish to establish the terms of a settlement agreement either before or after they are married-in the event that they later decide to divorce or legally separate.

The benefits of a prenuptial agreement are that although it costs you attorney's fees now; down the road if things don't go as planned you will save a lot of nerves and money on fees in case of separation or a divorce. It will reduce the number of times you will have to be in court (except issues related to children), because other issues have already been resolved in advance in writing. It will speed up settlement and reduce the risk exposure and publicity. If there is a great disparity in the couples existing net worth, pre-nup is the smart choice to prevent problems in the future.

Premarital Contracts Offer More Certainty

What if? It’s a question we ask when we buy insurance, knowing that we cannot control the future, but also knowing that we should be prepared. A prenuptial agreement offers more certainty in the eventuality that the marriage ends in divorce, separation or death.

A prenuptial agreement puts more certainty into your future. You and your intended spouse will have a well-thought-out contract that defines what you can both expect.

If this is a second marriage, if there are children or other obligations from a previous marriage, those issues should be a part of the premarital contract. If one party is a partner in a business, a prenuptial agreement can protect the business and other business owners.

While these kinds of agreements are often frowned upon by society, working out a prenuptial (premarital) agreement before marriage or a postnuptial agreement after the fact can be very practical, especially because China is a community property state. This means that unless you and your husband or wife have signed a prenuptial or postnuptial agreement, your community property will presumptively be divided 50-50 between the two of you. Pre-nuptial agreements are especially important for celebrities or high earners.

Working out the terms of a potential settlement in advance especially if your joint and separate assets are complex and/or vast allows you and your spouse or fiancé to decide for yourselves how you wish your assets and debts to be divided.

Even though you are working on your agreement as a couple, it is important that each of you have your own family law attorney who will represent you and your interests while protecting your rights. You will also want to make sure that your agreement with your fiancé or spouse is drafted correctly in the event that you do get divorced or become legally separated. Premarital and postnuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later.

Common Terms Of A Prenuptial Agreement

Prenuptial agreements reflect the couples desire to allocate their debt or finances in a particular manner. Several common items that may be found in a premarital agreement are:3
1.Terms dividing property in the event of a divorce
2.Status of existing properties as shared or separated
3.Separation or inclusion of debts acquired prior to the marriage
4.How any property will be distributed upon either party's death
5.Terms of alimony
6.Guidelines for what responsibilities each party will have for finances during the marriage
7.Terms that define the length of the prenuptial agreement or how any disputes are to be handled

Find our China divorce lawyer to learn more about prenuptial agreement under Chinese law.

  • Goal

  • Fees

The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

China Lawyer Blog will charge you under your specific circumstances in the following styles:
(1) Hourly fee arrangements
(2) Contingency fee arrangements
(3) Flat fee arrangements
(4) Percentage fee arrangements

Learn More...


China Lawyer Blog China Lawyer Society

China Lawyer

I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

Latest Comments


China law society award

Style of Service

This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

You are welcomed to ask for a quotation pursuant to your specific circumstance.

About author

China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.