The premarital agreement is a form of written agreement between husband and wife regarding the property before the marriage. The two can agree on if and what premarital and marital property belongs to whom. Article 19 of the Marriage Laws of China states that “husband and wife may agree that property gained during marriage will belong to each person, partly or in whole, or in common.” Both parties have to reach agreement on the ownership of premarital property and also marital property in the case of divorce. According to the law and court, the agreement is only effective between the husband and wife, and may not involve any other third party.
The pre-marital agreement is only effective if the agreement is signed based in equality and is voluntary from both sides. If there is no evidence of fraud, coercion, danger, or violations of laws and customs, the effectiveness will be recognized by the law and supported by the court. The pre-marital property agreement is the embodiment of autonomy so that both parties can agree to separate or share their respective pre-marital and marital properties. This agreement can be done in written or oral form, although written is most sought after in order to prove existence of this agreement. Only property involving the two parties will be recognized, and any property from a third party will be deemed invalid. The pre-marital property agreement is based in a legal marriage between the two parties and will be considered invalid if the two parties do not register the marriage. So as long as a marriage meets all the requirements as a legally recognized marriage, then a foreign partner’s involvement in a prenup will be valid.
